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Manoj @ Manoj Yadav vs The State Of Bihar on 6 March, 2020

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 61627 of 2019
Arising Out of Complaint Case No.-668 C Year-2018 Thana- COMPLAINT CASE District-
Kishanganj

Manoj @ Manoj Yadav, (M) aged about 37 years, Son of Shobha Lal Yadav,
Resident of Durgapur, P.S.- Kodhobari, District- Kishanganj.

… … Petitioner/s
Versus

1. The State of Bihar

2. Sarita Devi, (F), aged about 33 years, Wife of Manoj @ Manoj Yadav,
Daughter of Late Bachchu Lal Yadav Resident of Durgapur, P.S.-
Kodhobari, District- Kishanganj.

… … Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate
For the Informant : Mr. Ram Pravesh Kumar and
Mr. Rajeev Ranjan, Advocates
For the State : Mr. Raj Kishore Singh, APP

CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 06-03-2020

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. 668 C of 2018 dated 01.09.2018 instituted

under Section 498A of the Indian Penal Code.

3. Earlier, by order dated 16.10.2019, the Court had

referred the matter to the District Mediation Centre, Kishanganj.

However, the learned Mediator while submitting his final report

dated 26.11.2019 had stated that the parties were called and

Mediation efforts were carried out on 25.11.2019 and 26.11.2019.
Patna High Court CR. MISC. No.61627 of 2019 dt.06-03-2020
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From what has been stated, it appears that the petitioner had a non

cooperative attitude in the Mediation as he has flatly denied taking

of any responsibility on the plea that he himself is not keeping

well. Accordingly, the Mediation has failed.

4. In view thereof, the Court has heard the parties on

merits.

5. The allegation against the petitioner and nine others is

of mental and physical torture, abuse, assault, demand of dowry

and snatching of gold ear rings worth Rs. 20,000/-.

6. Learned counsel for the petitioner submitted that the

allegations are general and omnibus and that he is still ready to

keep his wife-opposite party no. 2 and their three children with

him.

7. Learned APP submitted that besides the petitioner

torturing and turning out the wife of the matrimonial home, along

with the three children, he has also not bothered to maintain her.

8. Learned counsel for the opposite party no. 2

submitted that the petitioner had broken his leg and with help of

the brother of the opposite party no. 2, the treatment was done and

later on, the complainant was badly beaten up due to which her

hand was fractured. It was further submitted that the petitioner

also does not contribute in any way to the upbringing of their three
Patna High Court CR. MISC. No.61627 of 2019 dt.06-03-2020
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children. Learned counsel submitted that before the Mediation

also, primarily due to non cooperative attitude of the petitioner,

Mediation has failed and the plea before the Court today that the

petitioner is ready to keep his wife and children with him is

farcical and without bona fide.

9. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to enlarge the petitioner on anticipatory bail.

10. Accordingly, the application stands dismissed.

11. The interim protection given to the petitioner by

order dated 16.10.2019, stands vacated.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR
U
T

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