Saket Kumar Singh v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9277 of 2019 Arising Out of PS. Case No.-548 Year-2015 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== SAKET KUMAR SINGH Son of Devendra Prasad Singh Resident of VillageShijhatt, P.S.- Dhoraiya, District - Banka at present residing in the MohallaJogsar, Gonar Lane, P.S.- Adampur Dist-Bhagalpur ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR AND ANR Bihar 2.

Rashmi Singh Wife of Saket Kumar Singh, D/o- Vijay Singh Resident of Mohalla-West Lohanipur, Parmeshwar Singh Lane, P.S.- Kadamkuan ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhirendra Nath Jha For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-04-2019 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for O.P. No. 2. The petitioner seeks bail in a case instituted for the offences under Sections 498A, 504, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.7.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in this case. The

Patna High Court CR. MISC. No.9277 of 2019(3) dt.08-04-2019 2/2 matter was referred to the mediation centre. As per report of the Mediator, the mediatiion has failed. The petitioner has falsely been implicated in the present case due to petty family dispute. On the earlier occasion also, the victim and her family members have instituted case for similar offence against the petitioner and his family members. The case is triable by the Magistrate. The petitioner has relied upon the judgment of this 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 F.I.R/complaint case. Considering the aforesaid facts and circumstances, the provisional bail granted vide order dated 18.02.2019 in connection with Kotwali (Adampur) P.S. Case No. 548 of 2015 to the satisfaction of learned S.D.J.M., Patna, is hereby confirmed.

(Sudhir Singh, J) Pankaj/- U T