Chandramani Singh @ Abhinav Patel @ Kamla @ Abhinay Patel v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61388 of 2018 Arising Out of PS. Case No.-387 Year-2016 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== CHANDRAMANI SINGH @ ABHINAV PATEL @ KAMLA @ ABHINAY PATEL Son of Bidya Bhushan Singh, Resident of Village- Sarthua Milki, P.O. Top, P.S.- Shahjahanpur, District- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Neelam Kumari, Wife of Chandramani Singh @ Abhinay Patel @ Kamla, Daughter of Arvind Prasad, Resident of Village- Pakhanpur, P.S.- Hilsa, District- Nalanda.

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

For the Petitioner/s :

Mr.Dhirendra Nath Jha For the Opposite Party/s :

Mr.Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.

The petitioner apprehends his arrest in connection with Complaint Case No.387C/2016 registered under Sections 323, 341, 457, 307, 420, 120(B), 498(A), 380, 504 and 506/34 of the Indian Penal Code besides Section 4 of the Dowry Prohibition Act, pending in the court of the Additional Chief Judicial Magistrate, Hilsa, District-Nalanda. The accusation is of torturing and causing assault to the opposite party no.2 by her husband (petitioner) and other in-

Patna High Court CR. MISC. No.61388 of 2018(6) dt.28-08-2019 2/3 laws for non-fulfillment of the dowry demand of cash Rs.2,00,000/- and one motorcycle and also removing her from the matrimonial house by snatching her personal belongings. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the husband of the opposite party no.2 and, earlier, on the joint prayer, the matter was referred to the Patna High Court Mediation Centre, Patna, for mediation and settlement of the dispute in between the petitioner and the opposite party no.2 but the matter could not be settled in between the petitioner and the opposite party no.2 there. Learned counsel for the opposite party no.2 submits that while the opposite party no.2 is ready to live with the petitioner but the petitioner is not ready to keep the opposite party no.2 with him.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being

Patna High Court CR. MISC. No.61388 of 2018(6) dt.28-08-2019 3/3 prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T