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Patna High CourtCR. MISC./21399/2019bail granted

Arvind Singh @ Tuntun Singh@ Arvind Kumar Singh v. The State Of Bihar

2019-11-15Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21399 of 2019 Arising Out of PS. Case No.-1056 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== ARVIND SINGH @ TUNTUN SINGH@ ARVIND KUMAR SINGH Son of Pabitar Singh, Resident of Village-Sindhiya Khurd, P.S-Samastipur (M), District-Samastipur.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ramkala Devi D/o Barmdeo Singh, Wife of Arvind Singh @ Tuntun Singh, Resident of Village-Sindhiya Khurd, P.S-Samastipur (M), DistrictSamastipur, At present Reside at Village-Raini, P.S.-Khanpur, DistrictSamastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Complaint Case No. 1056 of 2015, corresponding to Trial No. 1737 of 2018, in which cognizance has been taken under Section 498A IPC and Sections 3/4 of Dowry Prohibition Act. As per complaint petition there is allegation against the petitioner of demanding dowry and for that he subjected the complainant to torture.

Submission of learned counsel for the petitioner is that he is ready to keep her with dignity and care but she is not ready to reside with the petitioner.

In this case earlier on appearance of opposite party No.2 the matter was referred to the Mediation Centre and as per report of Mediator at Flag 'B', mediation failed.

Patna High Court CR. MISC. No.21399 of 2019(6) dt.15-11-2019 2/2 Heard learned APP and learned counsel for the opposite party No.2, who has submitted that earlier petitioner has taken her back and thereafter assaulted her and in a maintenance case an order has been passed for payment of maintenance amount but petitioner has not paid any single penny to her.

In view of above facts and circumstances, let petitioner, in the event of surrender, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Samastipur, in connection with Trial No. 1737 of 2018, arising out of Complaint Case No. 1056 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned. (Vinod Kumar Sinha, J) spal/- U T