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Patna High CourtCR. MISC./69887/2022rejected

Shrawan Kumar @ Shrawan Kumar v. The State Of Bihar

2023-10-05Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69887 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SHRAWAN KUMAR @ SHRAWAN KUMAR Son of Awadhesh Sahani Resident of Village- Laxmipur, Sagardina, Dhaka, P.S.- Chinaiya, DistrictEast Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Radha Kumari Wife of Shrawan Kumar Resident of Village- Semra Laxmipur Tola, P.S.- Chiraiya, District- East Champaran... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rahul Singh, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-10-2023 Heard Mr.Rahul Singh, learned counsel for the petitioner, learned counsel for the informant and Mr.Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Trial No. 177 of 2022 arising out of Complaint Case No.C-199 of 2021 registered for the offence punishable under Sections 323,498(A) and 504 of the Indian Penal Code.

3. Allegation against the petitioner and other coaccused persons is of committing torture upon the victim due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the complaint petition is false and fabricated and the petitioner has

Patna High Court CR. MISC. No.69887 of 2022(5) dt.05-10-2023 2/2 not committed any offence as alleged in the complaint petition.

5. Vide order dated 03.04.2023 the matter was referred to the Mediation and Conciliation Centre, Patna High Court for settlement of the disputes. Although, the report of the learned Mediator dated 19.05.2023 suggests that the dispute between the parties has been resolved through the process of mediation thereafter the complainant accompanied the petitioner to Nepal where they stay, but again the petitioner has started torturing and assaulting the complainant.

6. Learned counsel for the informant submits that pursuant to the direction of this Court both the parties were present, but the petitioner has escaped from the Court premises.

7. Considering the aforesaid facts, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Trial No. 177 of 2022 arising out of Complaint Case No.C-199 of 2021 pending in the court of learned Additional Chief Judicial Magistrate-4th, Dhaka, East Champaran.

8. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T