Tilak Raj v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63853 of 2018 Arising Out of PS. Case No.-187 Year-2018 Thana- RANIYATALAB District- Patna ====================================================== Tilak Raj Son of Sri Uma Singh, Resident of Village- Paipura Khurd, P.S.- Rani Talab, District- Patna.
... ... Petitioner/s
Versus
1.
State Of Bihar and Anr 2.
Smt. Seema Kumari, D/o Satendra Singh, Wife of Tilak Raj, Resident of Village- Paipura Khurd, P.S.- Rani Talab, District- Patna. at present resident of VillageP.O.- Datiyana, P.S.- Bikram, District- Patna. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Sinha For the Opposite Party/s :
Mr.Sri Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-07-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Rani Talab P.S.Case No.187 of 2018 registered for offences punishable under Sections 341, 323, 498A of the Indian Penal Code.
Allegation against the petitioner is that just after few days of the marriage the petitioner started demanding Rs.05 lac and for that also assaulting the informant and well as they are not allowing her to meet her family members and on 11.7.2018 when her father and brother came to meet her they were assaulted by the accused persons and some other persons and due to which they fled away and thereafter she was assaulted
Patna High Court CR. MISC. No.63853 of 2018(8) dt.15-07-2019 2/3 and also they tried to kill her by setting her on fire as well as she was ousted from the house.
Submission of the learned counsel for the petitioner is that the informant is a quarrelsome lady and she loose temperament frequently and she pressurize her husband for partition and when he did not agree, the present case has been filed. It has also been submitted and from perusal of the petition, it appears that he has stated on oath that he is ready to keep with dignity and care at his village but the informant is not ready to live at the village Paipura.
On appearance of the O.P.no.2, the matter was referred to the Mediation and Reconciliation Centre and a report has been received from the Meditation Centre, which is kept at flag 'P' that in spite of best efforts of the Mediator, the mediation has failed.
Submission of the learned counsel for the O.P.no.2 is that she is still ready to reside with the petitioner and she was subjected to torture with respect to demand and while ousting, her daughter was also snatched, who is only seven years old and they are not allowing her to meet with her daughter. Both parties are present in the present in person though O.P.no.2 is ready to reside with the petitioner and for that even
Patna High Court CR. MISC. No.63853 of 2018(8) dt.15-07-2019 3/3 she will not frequently visit her father and mother's house and co-operate with the petitioner in family life but on the other hand the petitioner is not ready to keep her and he has flatly refused to keep her showing that the past experience is not good. Having heard both sides and considering the conduct of the petitioner and allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T