AFFROZ SHEIKH Vs. STATE OF JHARKHAND & ANR

JUDGEMENT

(1.) Petitioner is apprehending his arrest in connection with Sadar Mahila P.S. Case No. 1 of 2015, corresponding to G.R. No. 19 of 2015, registered under Sections 498A, 341, 323 & 34 of the I.P.C. and Section 3/ 4 of the Dowry Prohibition Act, lodged on the basis of one written report given by Lama Haque alleging therein that she was married with petitioner on 22.04.2011 and after marriage gift and other things were given. She came to her sasural where she was tortured by Affroz Sheikh, her husband and other inmates of sasural and was pressurized for bringing dowry. In September, 2012, the husband of the opposite party no. 2 / petitioner went to foreign and again she was tortured by her in-laws but anyhow she came back to Hazaribag and petitioner in November, 2014 returned to India and both were residing in Hazaribagh where the opposite party no.2 was again tortured by the petitioner and was pressurized to bring dowry. On the basis of aforesaid allegations, instant case was instituted.

(2.) Pursuant to issuance of notice, opposite party no. 2 appeared and with the consent of the parties, on 05.08.2016, the matter was referred to Secretary-cumCoordinator, JHALSA, Nyay Sadan, Ranchi. Both parties appeared and mediation report was received on 01.10.2016. As per the mediation report, the parties have entered into settlement, but on 09.01.2017, opposite party no. 2 retracted from the terms of the agreement, so the matter was directed to be heard on merit.

(3.) Learned counsel for the petitioner has submitted that petitioner is still ready for reconciliation of the dispute and petitioner in fact has filed a Matrimonial Suit No. 01 of 2015 before the Principal Judge, Family Court, for restitution of conjugal rights. So, petitioner deserves the privilege of anticipatory bail.