Santosh Sah @ Santosh Kumar Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70140 of 2018 Arising Out of PS. Case No.-359 Year-2015 Thana- COMPLAINT CASE District- Supaul ====================================================== Santosh Sah @ Santosh Kumar Sah, S/o Prabhu Sah, Resident of VillageRamdattpatti, P.S.- Supaul, District- Supaul. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dulari Devi, W/o Santosh Sah @ Santosh Kumar Sah, D/o Bhuvneshwari Sah, Resident of Village- Piprakhurd, P.S. Supaul, District- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 13-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Complaint Case No. 359C of 2015, registered under Sections 494 and 498(A) of the Indian Penal Code, pending in the court of S.D.J.M., Supaul.

The accusation is of torturing the complainantopposite party no.2 by her husband and in-laws due to nonfulfillment of demand of dowry and giving threatening by her husband to perform re-marriage and removing from her matrimonial house along with her children.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.70140 of 2018(4) dt.13-05-2019 2/2 while the matter was referred to the Mediation Centre, Patna High Court, Patna, for settlement of dispute in between the petitioner and the complainant-opposite party no. 2 but the dispute could not be settled in between the parties. On the other hand, complainant-opposite party no. 2 submits that since petitioner has performed his re-marriage due to that reason dispute could not be settled in the Mediation Centre, Patna High Court, Patna.

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

(Rajendra Kumar Mishra, J) Bhardwaj/- U T