Brief facts necessary to be numbered for Signature Not Verified Digitally signed by NIDHI AHUJA deciding the appeal are Date 2018.03.16 164859 IST Reason The second respondent filed a companyplaint in the Court of Sub Divisional Judicial Magistrate, Patna alleging offence companymitted by the accused as well as Arnesh Kumar, her husband.
The accused as well as Arnesh Kumar filed an application for anticipatory bail during the pendency of the said application.
P.C. While rejecting the application on 13.08.2013, the Magistrate gave the following reasons Petitioners appear to be hale and hearty and are number suffering from any type of disease which may be impediment in appearing before the companyrt.
It was prayed by the accused that they be exempted from the personal appearance in the case.
The Sub Divisional Magistrate by order dated 13.08.2013 rejected the application filed by the accused under Section 205 Cr.
It was appellants case that said application was filed because appellant No.1, father of Arnesh Kumar is a retired Army Official residing in Pune with appellant No.2 and other appellants were also residents of Pune, Maharashtra and they have to companye from a distance.
Their appearance is also desirable for the purpose of companyciliation since the very enactment of Section 498A of IPC and Dowry Prohibition Act primarily meant for restoration of companyjugal harmony.
Challenging the order dated 13.08.2013, an application under Section 482 Cr.
P.C. was filed which has been dismissed by the Patna High Court.
The application was filed by the accused under Section 205 Cr.
Anticipatory bail was granted by the District and Sessions Judge, Patna on 21.06.2013 to all the accused except Arnesh Kumar, husband of the companyplainant.
P.C. was filed prior to the appearance in the companyrt and the same would have very well been companysidered by the Magistrate despite their appearance in the companyrt after obtaining the pre arrest bail.
All the accused that is appellants as well as Arnesh Kumar filed an application dated 17.01.2013 praying for recall of number bailable warrant and dispensing with their physical appearance in the case.
All the accused except Arnesh Kumar, husband of companyplainant were granted anticipatory bail.
Non bailable warrants were issued by the Magistrate on 23.12.2012.
Appellant Nos.3 and 4 were also residing at Pune.
Thus, the application under Section 205 Cr.
The grant of exemption from personal appearance in the companyrt on each and every date was required to be companysidered in view of the fact that application was filed on 17.01.2013 much before their appearance in the companyrt.
In the application the grounds which were given by the appellants was that, appellant No.1 father of Arnesh Kumar is retired Army personnel and residing in Pune with his wife that is appellant No.2.
ASHOK BHUSHAN, J. This appeal has been filed against the judgment dated 17.04.2017 of the Patna High Court by which judgment application filed by the accused appellants under Section 482 of the Code of Criminal Procedure challenging the order dated 13.08.2013 passed by the Sub Divisional Judicial Magistrate, Patna has been dismissed by the High Court.
P.C. on 17.01.2013.
Nature of offences requires that accused petitioners and also the companyplainant should be present before the companyrt preferably on each and every date expecting good sense prevails upon them.
Arnesh Kumar, the husband was working at Hyderabad.