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Patna High CourtCR. MISC./2819/2022dismissed

Manoj Kumar Verma v. The State Of Bihar

2023-03-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2819 of 2022 Arising Out of PS. Case No.-96 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== MANOJ KUMAR VERMA Son of Jai Prakash Verma Resident of Village - Basantpur, P.s.- Basantpur, Distt.- Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

SATYA PRAKASH VERMA Son of Late Sivajee Prasad Resident of Village - Basaha, P.s.- Baikunthpur, Distt.- Gopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Siddhartha Kumar Singh For the Opposite Party/s :

Mr.Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-03-2023 Heard.

The present application has been filed for cancellation of bail granted to O.P. No. 2 by order dated 09-11-2020 passed in Cr. Misc. No. 25312 of 2020 (Annexure-1).

I find no ground for cancellation of bail in the light of the judgment rendered by the Hon'ble Supreme Court in the case of (Dolat Ram and Others. Vs State of Haryana) reported in (1995) 1 SCC 349, (Abdul Basit @ Raju & Others Vs. Mohd. Abdul Kadir Chaudhary and Another)) reported in (2014) 10 SCC 754 and (Jagjeet Singh and Others vs. Ashish Mishra @ Monu and Another) reported in (2022) 9 SCC 321. Accordingly, the present cancellation application

Patna High Court CR. MISC. No.2819 of 2022(2) dt.22-03-2023 2/2 stands dismissed.

If so advised, the petitioner may file an appropriate application before the Family Court with a competent jurisdiction for restitution of conjugal rights. Further it is pointed out on behalf of the petitioner that all the prosecution witnesses have already been examined and the case is pending only for non-examination of the I.O. The District Magistrate and the Superintendent of Police, Siwan are directed to ensure the production of investigating officer on the date fixed by the trial court so that the trial could be concluded at the earliest. Let a copy of this order be communicated to the District Magistrate and the Superintendent of Police, Siwan for needful.

(Sudhir Singh, J) A.K.V.//- U T