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Patna High CourtCR. MISC./67862/2019disposed

Krishna Ballabh Sahay @ Krishna Ballabh Prasad Shrivastava v. The State Of Bihar

2020-01-16Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67862 of 2019 Arising Out of PS. Case No.-280 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== 1.

KRISHNA BALLABH SAHAY @ KRISHNA BALLABH PRASAD SHRIVASTAVA Son of Late Nagina Lal Prasad Resident of Village - Kamalpur, P.S.- Barauli, Distt.- Gopalganj.

2.

Chinta Devi W/o Krishna Ballabh Sahay @ Krishna Ballabh Prasad Shrivastava Resident of Village - Kamalpur, P.S.- Barauli, Distt.- Gopalganj. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Priya Kumari W/o Neeraj Kumar Shrivastava , D/o Dinesh Prasad Shrivastava Resident of Village - Gopal math, P.S.- Thawe, Distt.- Gopalganj.

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

For the Petitioner/s :

Mr.Jitendra Kumar Singh For the Opposite Party/s :

Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2020 This application, for grant of anticipatory bail, arises out of Barauli P.S. Case No. 280 of 2019, disclosing offences under Sections 341, 323, 498A/34 of the Indian Penal Code and Section 3/ 4 of the Dowry Prohibition Act.

Petitioner no. 1 is father in law and petitioner no. 2 happens is mother in law of the informant and allegation against them and others is of subjecting the informant to torture with respect to demand of dowry of Rs. Fifty Thousand and a motorcycle and ousted from her matrimonial house. Submission of learned counsel for the petitioners is

Patna High Court CR. MISC. No.67862 of 2019(2) dt.16-01-2020 2/2 that they are ready to harmonize the matrimonial relationship between the informant and her husband and ready to keep her with full honour and dignity.

However, it appears that on notice, opposite party no. 2 appeared before the learned court below but neither petitioner nor his son, who is the husband of informant appeared in the court below as such the mediation failed.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioner, if so desire, may approach the informant and persuade the informant to reside with them and appear before the court below while praying for grant of regular bail, which will be considered the by the court below while passing the order on regular bail petition.

This application is, accordingly, disposed.

(Vinod Kumar Sinha, J) sunilkumar/- U T