Ahsan Ahmed @ Ahasan Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74721 of 2023 Arising Out of PS. Case No.-179 Year-2022 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== AHSAN AHMED @ AHASAN AHMAD S/O SAKIL AHMAD @ GUDDU R/O VILLAGE- DARIYAPUR, P.O- RAMGARH, P.S- CHEHANIYAN, DISTT.- CHANDAULI (U.P).

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

NAHID KAUSAR W/O AHASAN AHMAD R/O VILLAGE- DRIYAPUR, POST- RAMGARH, P.S- CHEHANIYAN, DISTT.- CHADAULI (U.P). AT PRESENT ADDRESS- VILLAGE- UGAHANIDIH, BAREJ, P.SMOHANIA, DIST.- KAIMUR AT BHABUA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party/s :

Mr. Akbar Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2024

1. Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the opposite party no. 2.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498(A) of the Indian Penal Code and Section 4 of the Dowry Prohibition Act.

3. Learned counsel for the petitioner submits that a specific statement has been made at para 8 of the anticipatory bail application that petitioner is ready to keep his wife with love and dignity and several attempts were made for restituting the conjugal life but she ignored on which learned counsel appearing on behalf of the opposite party no. 2 submits that the case was referred for mediation by an order dated 05.03.2024 but the petitioner never

Patna High Court CR. MISC. No.74721 of 2023(6) dt.22-08-2024 2/2 appeared before the learned Mediator, though opposite party no. 2 appeared as such it is submitted that petitioner never had any intention of reviving his conjugal relationship nor had intention of keeping the wife with honour and dignity. It is further submitted that petitioner only enjoyed the interim protection which was granted when the case was referred for mediation.

4. Learned counsel appearing on behalf of the petitioner does not dispute the said submissions of the learned counsel appearing on behalf of the opposite party no. 2 that petitioner never appeared before the learned Mediator.

5. Considering the submissions made by the learned counsel appearing on behalf of the opposite party no. 2, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Complaint Case No. 179 of 2022 pending in the Court of learned Sub-Divisional Judicial Magistrate, Mohania, District Kaimur at Bhabua/Successor Court.

6. Hence, the prayer for anticipatory bail of the petitioner is rejected.

(Satyavrat Verma, J) Kundan/- U T