Ashok Bhushan JUDGMENT
Ashok Bhushan, J.
1. 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.
2. Brief facts necessary to be noted for deciding the appeal are:
The second Respondent filed a complaint in the Court of Sub-Divisional Judicial Magistrate, Patna alleging offence committed by the Accused as well as Arnesh Kumar, her husband. The Magistrate vide order dated 11.10.2012 finding a prima facie case Under Section 498A Indian Penal Code and Section 4 of the Dowry Prohibition Act summoned the Accused as well as Arnesh Kumar, husband of the complainant. The Accused as well as Arnesh Kumar filed an application for anticipatory bail during the pendency of the said application. Non-bailable warrants were issued by the Magistrate on 23.12.2012. All the Accused that is Appellants as well as Arnesh Kumar filed an application dated 17.01.2013 praying for recall of non-bailable warrant and dispensing with their physical appearance in the case. 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 come from a distance. It was prayed by the Accused that they be exempted from the personal appearance in the case. All the Accused except Arnesh Kumar, husband of complainant were granted anticipatory bail. 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 complainant. The Sub-Divisional Magistrate by order dated 13.08.2013 rejected the application filed by the Accused Under Section 205 Code of Criminal Procedure.
3. While rejecting the application on 13.08.2013, the Magistrate gave the following reasons:
(i) Petitioners appear to be hale and hearty and are not suffering from any type of disease which may be impediment in appearing before the court.
(ii) Nature of offences requires that Accused-Petitioners and also the complainant should be present before the court preferably on each and every date expecting good sense prevails upon them.
(iii) Their appearance is also desirable for the purpose of conciliation since the very enactment of Section 498A of Indian Penal Code and Dowry Prohibition Act primarily meant for restoration of conjugal harmony.
4. Challenging the order dated 13.08.2013, an application Under Section 482 Code of Criminal Procedure was filed which has been dismissed by the Patna High Court. The High Court dismissed the application taking a new ground that a prayer for exemption from personal appearance Under Section