Pankaj Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64953 of 2021 Arising Out of PS. Case No.-1253 Year-2017 Thana- COMPLAINT CASE District- Jamui ====================================================== Pankaj Mishra Son Of Rabindra Mishra Resident Of Village - Bhatta, P.S.- Kashichak, District - Nawada.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bindu Devi D/o Ramchandra Mishra Resident of Village - Gangti, P.S. - Sikandra, District - Jamui.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amar Prakash, Advocate For the Opposite Party/s :
Mr. Binod Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 15-03-2023 Heard Mr. Amar Prakash, learned counsel appearing on behalf of the petitioner and Mr. Binod Kumar Singh learned counsel appearing on behalf of the informant.
2. Vide order dated 14.11.2022, the parties who are husband and wife agreed to appear before the Mediation Centre, Patna High Court on 21.11.2021.
3. The learned Mediator has informed that as per the commitment dated 08.02.2023, the petitioner had to go to visit his in-laws house with his wife and daughter on 14.02.2023 and returned back on 15.02.2023 along with them. It was responsibility of the petitioner to make his presence before the learned Mediator along with his wife for final settlement, but
Patna High Court CR. MISC. No.64953 of 2021(7) dt.15-03-2023 2/3 the petitioner failed to appear whereafter, the matter was adjourned and in the meantime on 05.03.2023 the time granted by this Court for making the final report had elapsed. Thereafter, further time was granted vide order dated 16.01.2023 to the petitioner to appear before learned Mediator on 19.01.2023 and the interim relief granted to the petitioner vide order dated 14.11.2022 was directed to continue. However, petitioner has not cooperated in the proceedings of mediation as reported by learned Mediator vide its report date 03.03.2023.
4. Mr. Binod Kumar Singh, learned counsel appearing on behalf of the informant informs this Court that informant, who is the wife of the petitioner, is ready to live with the petitioner, if the petitioner is ready to keep her with full honour and dignity.
5. Taking into consideration the fact that the petitioner deliberately violated the order of this Court by not complying in terms of order dated 14.11.2022 and in compliance of the order dated 16.01.2023, also the petitioner has deliberately not attended the mediation proceedings.
6. This Court is of the view to recall the order dated 14.11.2022, by which this Court had directed not to take coercive steps against the petitioner in connection with
Patna High Court CR. MISC. No.64953 of 2021(7) dt.15-03-2023 3/3 Complaint Case No. 1253C of 2017, shall loose its force from today.
7. The Superintendent of Police, Nawada is directed to take necessary action against the petitioner in accordance with law.
8. Accordingly, the present bail application is disposed of.
(Purnendu Singh, J) minu/- U