Chandan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58144 of 2019 Arising Out of PS. Case No.-854 Year-2017 Thana- GOPALGANJ COMPLAINT CASE District- Gopalganj ====================================================== Chandan Kumar Singh, Son of Prabhat Kumar Resident of Village - Sapahi, P.O.- Barwaghat Chhapiya, P.S.- Mashrakh, Dist.- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Asha Devi, W/o Chandan Kumar Singh, D/o Sri Suraj Singh Resident of Village - Sapahi, P.O.- Barwaghat Chhapiya, P.S.- Mashrakh, Dist.- Saran. at Present residing at Village - Ratansarai, P.O.- Barauli, P.S.- Barauli, Dist.- Gopalganj.

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

For the Petitioner/s :

Mr.Uday Pratap Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with C. Case (Reg.) No. 854 of 2017, registered under Sections 406, 420, 323 and 498A of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act, pending in the court of A.C.J.M.- XIV, Gopalganj.

Learned counsel for the petitioner submits on the joint prayer of learned counsel for the petitioner and the opposite party no.2, the matter was referred to the Mediation Centre, Patna High Court, Patna, for settlement of dispute in

Patna High Court CR. MISC. No.58144 of 2019(6) dt.04-02-2020 2/2 between the petitioner and the opposite party no.2, who are husband and wife, where both parties appeared but the dispute could not be settled as petitioner refused to take his wifeopposite party no.2 at her matrimonial house. On the other hand, learned counsel for the opposite party no. 2 submits that since petitioner has performed his remarriage due to that reason, petitioner was not ready to take the opposite party no. 2 at her matrimonial house, while she was ready to live with the petitioner.

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