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Patna High CourtCR. MISC./9254/2019disposed

Vivek Kumar Sinha v. The State Of Bihar

2019-04-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9254 of 2019 Arising Out of PS. Case No.-987 Year-2012 Thana- COMPLAINT CASE District- Supaul ====================================================== VIVEK KUMAR SINHA Son of Late Sanjay Kumar Singh Resident of Village-Ameerganj, P.S.- Samastipur, District- Samastipur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-04-2019 Heard learned counsel for the petitioner, O.P. No. 2 and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 498A, 494, 323, 504, 379 of the Indian Penal Code. Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been allowed bail provisionally by order dated 1802-2019. The petitioner is in custody since 12-09-2018. The petitioner has falsely been implicated in the present case due to petty family dispute. The petitioner undertakes to cooperate during trial. The petitioner has relied upon the judgment of this

Patna High Court CR. MISC. No.9254 of 2019(3) dt.09-04-2019 2/2 Court in the case of Md. Naimul Haque Ansari @ Naimul Haque Ansari & Ors. Vs. The State of Bihar, reported in 2006(3) PLJR 182.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, the provisional bail granted to the petitioner by order dated 18-022019 is hereby confirmed. If so advised, either of the parties will be at liberty to make an application before the Court below for referring the matter to the District Mediation Centre for the purpose of reconciliation or one time settlement.

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