IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42389 of 2019
Arising Out of Complaint Case No.-697 (C)Year-2018 Thana- MUNGER COMPLAINT
CASE District- Munger
Abhishek Kumar, aged about 32 years, Male, Son of Chandramani Choudhary
Resident of Mohalla – Madhopur, P.S.- Kotwali, District – Munger.
… … Petitioner/s
Versus
1. The State of Bihar
2. Anamika Kumari, aged about 30 years, Female, Daughter of Sri Shambhu
Nath Singh, Resident of Railway Colony, Rampur, P.S.- Jamalpur, District –
Munger.
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Sandeep Jha, Advocate
For the State : Mr. Md. M. S. Rahman, APP
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 16-11-2019
Heard learned counsel for the petitioner; learned APP for
the State and learned counsel for the opposite party no. 2.
2. The petitioner apprehends arrest in connection with
Complaint Case No. 697(C) of 2018 dated 21.07.2018 instituted
under Sections 498(A) of the Indian Penal Code.
3. The petitioner, who is the husband of the opposite
party no. 2, is accused of cruelty and demand of dowry.
4. Learned counsel for the petitioner submitted that the
matter be sent to Mediation. It was submitted that there if no
Patna High Court CR. MISC. No.42389 of 2019 dt.16-11-2019
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specific allegation to indicate offence under Section 498A of the
Indian Penal Code.
5. Learned APP and learned counsel for the opposite
party no. 2 submitted that chance of reconciliation has failed
because the petitioner under misrepresentation, after obtaining
anticipatory bail for his parents, has absolutely not taken any steps
for reconciliation and has denied taking the opposite party no. 2 to
the matrimonial home. It was submitted that such conduct of not
taking the wife to the matrimonial home or even accepting her, is
nothing short of cruelty, which is writ large from the circumstances
of the case.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the Court
is not inclined to allow the prayer for pre-arrest bail to the
petitioner.
7. Accordingly, the application stands dismissed.
8. The interim protection granted to the petitioner under
order dated 09.07.2019, stands withdrawn.
(Ahsanuddin Amanullah, J.)
Anand Kr.
AFR/NAFR
U
T