← Library
Patna High CourtCR. MISC./64114/2023rejected

Pradeep Kumar @ Pradeep Kumar Sah v. The State Of Bihar

2024-02-27Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64114 of 2023 Arising Out of PS. Case No.-451 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== Pradeep Kumar @ Pradeep Kumar Sah Son Of Shivnarayan Sah Resident Of Village - Maghari, Ward No.06, Post Office - Sagar Sultan, Police Station - Bhagwanpur Hat, District - Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Renu Devi @ Renu Kumari Wife Of Pradeep Kumar @ Pradeep Kumar Sah, Daughter Of Mundrika Sah Resident Of Village - Maghari, Ward No.06, Post Office - Sagar Sultan, Police Station - Bhagwanpur Hat, District - Siwan. At Presently Residing At Village - Chainpur Kharati, Police Station - Taraiya, District - Saran At Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP For the Informant : Mr. Radha Mohan Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-02-2024 Heard Mr. Umesh Kumar Mishra, learned counsel for the petitioner, Mr. Radha Mohan Singh, learned counsel appearing on behalf of the informant as well as and Mr. Anil Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Tr. No. 3067 of 2022 arising out of Case No. 451 of 2022 for the offences punishable under Sections 323, 498(A)/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.

3. According to prosecution case, all the accused persons including the petitioner tortured the complainant due to non-fulfillment of demand of dowry and also ousted her from matrimonial house along with her son.

Patna High Court CR. MISC. No.64114 of 2023(3) dt.27-02-2024 2/2

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the complaint case is false and fabricated and the petitioner has not committed any offences as alleged in the complaint case. Pursuant to the direction of this Hon'ble Court the matter was referred to Patna High Court Mediation Center for the settlement of the disputes between the parties but the report of the learned Mediator dated 15.01.2024 reveals that the petitioner has never appeared before the learned Mediator and on the sole ground the mediation has failed.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the fact that despite direction of the Hon'ble Court, the petitioner has not appeared before the learned Mediator, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Tr. No. 3067 of 2022 arising out of Case No. 451 of 2022 pending in the court of Sub Divisional Judicial Magistrate, Saran at Chapra.

7. Prayer is refused.

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