Patna High CourtCR. MISC./4305/2017disposed

Md. Daud v. State Of Bihar And ANR

2017-02-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4305 of 2017 Arising Out of PS.Case No. -2271 Year- 2015 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Md. Daud Son of Md. Tauhid Resident of Village- Gadiachak, P.S. Sanhaula, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Afsana Daughter of Md. Mangur Resident of Village- Gadiachak, P.S. Sanhaula, District- Bhagalpur.

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

For the Petitioner/s : Mr. Satish Chandra Mishra For the Opposite Party/s : Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-02-2017 The petitioner is apprehending his arrest in connection with Complaint Case No. 2271 of 2015, registered for offences punishable under Sections 498A of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is ready to keep the opposite party no. 2 with full honour and dignity and prayed that the matter may be sent to Mediation Committee for settlement of disputes between the parties. Heard learned A.P.P. also.

Having heard both sides, from perusal of the impugned order itself, it appears that the learned Sessions Judge, had tried to settle the dispute between the parties, but the petitioner had flatly refused to settle the dispute and keep the complainant with

Patna High Court Cr.Misc. No.4305 of 2017 (2) dt.13-02-2017 2/2 himself, as such there is no need for sending the matter to Mediation Committee. On the merit of the case, there is direct allegation against the petitioner of torturing the complainant variously, I am not inclined to grant the petitioner the privilege of anticipatory bail, it is accordingly rejected. However, if the petitioner surrenders before the Court below and pray for regular bail, his application shall be considered by the court below on its own merit, without being prejudiced by the order of this Court and also if any petition is filed for settlement of dispute between the parties, the court below shall issue notice to the complainant and if possible try to make out a settlement between the parties.

With the above observation, this application is disposed of.

(Vinod Kumar Sinha, J) sunil/- U