Ramakant Choudhary @ Ramakand Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75527 of 2018 Arising Out of PS. Case No.-91 Year-2018 Thana- HASANGANJ District- Katihar ====================================================== Ramakant Choudhary @ Ramakand Choudhary S/o Trivendi Mandal, Resident of village- Pokheria, P.S.- Hasan Ganj, District- Katihar. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

Kumari Gudia, W/o Ramakant Choudhary D/o Yogesh Kumar @ Sanjay Kumar Mandal, Resident of Village- Pokheria, P.S. Hasan Ganj, DistrictKatihar, At present resident of Village- Malharia, P.O.- Pothia, P.S.- Falka, District- Katihar.

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

For the Petitioner/s :

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

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the opposite party no.2.

The petitioner apprehends his arrest in connection with Hasan Ganj P.S. Case No.91 of 2018 registered under Sections 341, 323, 504, 498(A) of the Indian Penal Code besides Sections 3/4 of the Dowry Prohibition Act, pending in the court of Smt. Jayshri Kumari, Judicial Magistrate, First Class, Katihar.

The accusation is of torturing the opposite party no.2 by her husband (petitioner) and other in-laws for non-fulfillment

Patna High Court CR. MISC. No.75527 of 2018(5) dt.26-08-2019 2/3 of the dowry demand of cash Rs.10,00,000/- and also removing the opposite party no.2 from the matrimonial house by causing assault and snatching her personal belongings. Learned counsel appearing on behalf of the petitioner submits that, earlier, while the matter was referred to the Patna High Court Mediation Centre, Patna, for mediation and settlement of the dispute in between the petitioner and the opposite party no.2, who are husband and wife, but the matter could not be settled in between them there as the relatives of the opposite party no.2 gave threatening to the petitioner of dire consequences.

Learned counsel for the opposite party no.2 submits that while the opposite party no.2 is ready to live with the petitioner but the petitioner is not ready to keep the opposite party no.2 with him.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered

Patna High Court CR. MISC. No.75527 of 2018(5) dt.26-08-2019 3/3 by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T