Jitendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31557 of 2019 Arising Out of PS. Case No.-1356 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== JITENDRA KUMAR SINGH Son of Subhash Singh Resident of Village - Chaurma, P.S.- Khudaganj, District- Nalanda, at present resident of village- 8 No. M.C. Ghosh Lane, P.S.- Hawra, District- Hawra (Kolkatta), West Bengal ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Punam Kumari D/o- Sri Kant Prasad Resident of Village - Goraur, P.S.- Chhabila, District- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Complaint Case No.1356©/2017 registered for offences punishable under Section 498(A) of the Indian Penal Code. As per the complaint petition, there is allegation against the petitioner of demand and torture to the complainant. It further appears that on appearance of the O.P.no.2 and on his submission that he is ready to keep her with dignity and care, the matter was referred to the Meditation Centre, however, the mediator's report is available on the record, which shows that the petitioner has not apepared before the Mediator on 2.8.2019, 19.8.2019 and 6.9.2019 , as such the mediation failed.

Patna High Court CR. MISC. No.31557 of 2019(5) dt.17-10-2019 2/2 Submission of the learned counsel for the petitioner is that O.P.no.2 has also not appeared before the mediator and he is still ready to keep her with dignity and care . On the other hand the learned counsel for the O.P.no.2 has appeared and submitted that the petitioner is only interested in delaying tactics and is not interested to restore the matrimonial relationship. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below on 7.11.2019 and pray for regular bail and on that day O.P.no.2 shall also remain present and the learned court below once again will try to reconciliation between the parties and considering the consequences of the mediation , he will pass appropriate order without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T