Pankaj Kumar vs The State Of Bihar
2021 Latest Caselaw 1160 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No. 31815 of 2020
        Arising Out of Complaint Case No.-2077 C Year-2017 Thana- PURNIA COMPLAINT
                                      CASE District- Purnia
     ======================================================

Pankaj Kumar (Male, aged about-40 years), Son of Sri Chinta Mani Mandal, Permanent Resident of Mohalla- Shailbag Colony, Aliganj, PS- Mojahidpur, District- Bhagalpur. At present posted and residing at - House No. D1/02/07, NTPC Colony, Barh, District- Patna- 803215, Bihar.

... ... Petitioner/s Versus

1. The State of Bihar

2. Sunita Kumari, Wife of Pankaj Kumar, Daughter of Late Suresh Kumar Patel, Resident of Durgabaadi, Bhatha Bazar, PS- Sadar, District- Purnea, Bihar.

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

     For the Petitioner/s   :       Mr. Awadhesh Kumar, Advocate
     For the State          :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 26-02-2021

Heard Mr. Awadhesh Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned In-charge Additional Public

Prosecution (hereinafter referred to as the 'APP') for the State.

2. The petitioner apprehends arrest in connection with

Complaint Case No. 2077(C) of 2017 dated 13.11.2017, instituted

under Sections 498A of the Indian Penal Code and 4 of the Dowry

Prohibition Act, 1961.

Patna High Court CR. MISC. No.31815 of 2020 dt.26-02-2021

3. The allegation against the petitioner in the complaint

filed by his wife (opposite party no. 2) is of demand of cash, car

and also physical and mental torture.

4. Learned counsel for the petitioner submitted that the

fault is on the part of the opposite party no. 2, who soon after

marriage had started abusing the family members of the petitioner

and the petitioner thus has filed a divorce suit in which she has

taken the stand that she would mend her ways. It was further

pointed out that the opposite party no. 2 has been sending

threatening and abusive SMS even to the counsel representing the

petitioner. It was further submitted that the petitioner, prior to the

lodging of the present case, had also filed Informatory Petition

before the local PS and the CJM, Bhagalpur.

5. Learned APP submitted that there is direct allegation

of demand of dowry and mental and physical torture and the

petitioner not taking any step when the opposite party no. 2 has

given a written undertaking before the Court in the divorce suit

that she would mend her ways, clearly indicates that there is fault

on his part.

6. At this juncture, when the Court called upon learned

counsel for the petitioner to take a categorical stand as to whether

he was ready to think about reconciliation, learned counsel Patna High Court CR. MISC. No.31815 of 2020 dt.26-02-2021

submitted that as per his latest instructions, the petitioner has

communicated his categorical stand that there can be no

reconciliation with the opposite party no. 2.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties as also

taking an overall view in the matter, based on materials on record,

the Court is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T