This court rejected a petition for anticipatory bail under Sections 498A, 379, 504 IPC and Dowry Prohibition Act. The court recalled provisional bail due to the petitioner's failure to appear at mediation and doubts regarding his affidavit.
Provisional anticipatory bail granted earlier is recalled; bail application stands rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19390 of 2013
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Lalan Paswan, S/o Laxman Paswan, resident of village-Koshikapur, Ward No.11, P.S. –Birpur, District-Supaul.
.... .... Petitioner/s
Versus
The State of Bihar & Ors.
.... .... Opposite Party/s
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CORAM:HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
4 23-10-2013 Heard the learned counsel for the petitioner and learned
APP for the State.
The petitioner apprehends his arrest for the alleged offences under Sections 498A, 379 and 504 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act registered in connection with Birpur P.S. Case No. 01 of 2012.
The matter was referred to the Conciliation & Mediation Centre, Patna High Court vide order dated 21.05.2013, simultaneously, granting provisional anticipatory bail to the petitioner for a period of four months for the duration of the mediation.
An interim report from the Conciliation & Mediation Centre, Patna High Court was received on 19.09.2013 to the effect that only opposite party had appeared whereas the petitioner failed to appear before the Mediation Centre.
A supplementary affidavit has been filed stating that the petitioner did approach the Mediation Centre on 28.06.2013,
Patna High Court Cr.Misc. No.19390 of 2013 (4) dt.23-10-2013
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but the affidavit does not generate confidence considering the overwriting that appears in the said date mentioned therein.
The conduct of the petitioner shows that he does not appear to be interested in cooperating in the matter and his averments that he is ready to keep his wife with full dignity and honour are merely an empty formality. Even assuming that he had appeared before the Mediation Centre as claimed, there is no explanation why he waited for more than a month in doing so after grant of provisional bail to him vide order dated 21.05.2013.
Learned counsel for the opposite party appears and opposes the prayer for anticipatory bail to the petitioner.
Considering the facts and circumstances of the case and also the conduct of the petitioner, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
Accordingly, the provisional anticipatory bail granted earlier is being recalled and the bail application of the petitioner stands rejected.
Let a copy of this order be transmitted to the learned Court below through fax by the Registry.
(Vikash Jain, J)
Ashwini/-
2 issues framed by the court
Whether anticipatory bail should be granted given the petitioner's failure to cooperate with mediation proceedings.
Whether the petitioner's conduct warrants the recall of previously granted provisional bail.
2 provisions across 2 enactments
Lalan Paswan
The State of Bihar
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
