Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 42389 of 2019 Arising Out of Complaint Case No.-697 (C)Year-2018 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== Abhishek Kumar, aged about 32 years, Male, Son of Chandramani Choudhary Resident of Mohalla - Madhopur, P.S.- Kotwali, District - Munger. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anamika Kumari, aged about 30 years, Female, Daughter of Sri Shambhu Nath Singh, Resident of Railway Colony, Rampur, P.S.- Jamalpur, District - Munger.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sandeep Jha, Advocate For the State :

Mr. Md. M. S. Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 16-11-2019 Heard learned counsel for the petitioner; learned APP for the State and learned counsel for the opposite party no. 2.

2. The petitioner apprehends arrest in connection with Complaint Case No. 697(C) of 2018 dated 21.07.2018 instituted under Sections 498(A) of the Indian Penal Code.

3. The petitioner, who is the husband of the opposite party no. 2, is accused of cruelty and demand of dowry.

4. Learned counsel for the petitioner submitted that the matter be sent to Mediation. It was submitted that there if no

Patna High Court CR. MISC. No.42389 of 2019 dt.16-11-2019 2/2 specific allegation to indicate offence under Section 498A of the Indian Penal Code.

5. Learned APP and learned counsel for the opposite party no. 2 submitted that chance of reconciliation has failed because the petitioner under misrepresentation, after obtaining anticipatory bail for his parents, has absolutely not taken any steps for reconciliation and has denied taking the opposite party no. 2 to the matrimonial home. It was submitted that such conduct of not taking the wife to the matrimonial home or even accepting her, is nothing short of cruelty, which is writ large from the circumstances of the case.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to allow the prayer for pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed.

8. The interim protection granted to the petitioner under order dated 09.07.2019, stands withdrawn.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T