Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.2468 of 2019 Arising Out of PS. Case No.-583 Year-2018 Thana- MADHEPURA District- Madhepura ====================================================== VIKRAM KUMAR S/O Vibhishan Pd. Yadav Resident of Village- Tuniyahi, Ward No.-03, P.S.- Madhepura, District- Madhepura. ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Manisha Kumari D/O-Madan Paswan R/M-Mishan Road,Ward No.-24,P.S. and District-Madhepura ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sanjay Kumar Singh, Advocate For the Respondent/s :

Mr.Sadanand Paswan, SPP For the Informant :

Mr. Zainul Abedin, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-02-2020 Heard learned counsel for the parties.

This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the refusal of prayer for anticipatory bail vide order dated 20.04.2019 passed by the learned Additional Sessions Judge-I, Madhepura, in A.B.P. No.403 of 2019, arising out of Madhepura Police Station Case No.583 of 2018, registered under Section 498A/34 of the Indian Penal Code and Sections 3(i)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Appellant entered into marriage with the informant, a member of the scheduled caste. After marriage the

Patna High Court CR. APP (SJ) No.2468 of 2019(5) dt.06-02-2020 2/2 family members of the appellant and the appellant started demanding dowry and on non-fulfillment of the demand they did not allow the informant to be in their home. The matter was sent to the Patna High Court Mediation Committee. However, mediation has failed.

Learned counsel for the informant submits that the informant is still ready for restoration of conjugal life whereas learned counsel for the appellant submits that family members of the appellant are not ready for restitution of conjugal life. Considering the facts of this case aforesaid, I am not inclined to enlarge the appellant on anticipatory bail. Hence, the prayer is refused.

However, the appellant may surrender within two weeks and pray for regular bail which shall be considered without being prejudiced by the order of this Court. Accordingly, the appeal stands dismissed.

(Birendra Kumar, J) Mkr./- U T