Patna High CourtCR. MISC./30339/2019bail rejected

Shivnandan Yadav v. The State Of Bihar

2019-12-18Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30339 of 2019 Arising Out of PS. Case No.-57 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== Shivnandan Yadav son of Baleshwar Yadav ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 18-12-2019 The opposite party no. 2 along with her learned counsel is present but no one appears on behalf of the petitioner. The perusal of the record goes to show that on 20.11.2019 when this petition was taken up for hearing, on that date also, petitioner had not appeared before this Court. Petitioner apprehends his arrest in connection with Complaint Case no. 57 of 2017 in which cognizance for the offences punishable under section 498A of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

Earlier, this matter was referred to Mediation Center but the dispute of the parties could not be settled which is evident from perusal of report of learned Mediator dated 25.10.2019.

Petitioner happens to be husband of the opposite party

Patna High Court CR. MISC. No.30339 of 2019(4) dt.18-12-2019 2/2 no. 2 and there is specific allegation of torturing as well as illegal demand of dowry.

This court vide order dated 02.08.2019 granted provisional bail to the petitioner while referring the matter to conciliation and Mediation Center Patna High Court, Patna. Considering the aforesaid facts and circumstances as well as submission of learned counsel for the opposite party no. 2, the provisional bail granted to the petitioner is, hereby, canceled and, accordingly, this anticipatory bail petition stands rejected with direction to the learned S.D.J.M, Jamui to cancel the bail bonds of the petitioner executed by him in pursuant to order dated 02.08.2019 and take appropriate steps to procure his remand in the Complaint Case No. 57 of 2017.

N.K/- (Hemant Kumar Srivastava, J) U T