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Patna High CourtCR. MISC./28335/2019dismissed

Manoj Kumar v. The State Of Bihar

2019-10-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28335 of 2019 Arising Out of PS. Case No.-77 Year-2017 Thana- MAHILA P.S. District- Nalanda ====================================================== MANOJ KUMAR Son of Arvind Kumar @ Tarigan Modi Resident of Village- Nanand, P.S.- Silao, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-10-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Mahila P.S.Case no.77/17 registered for offences punishable under Sections 498A, 323, 341, 504, 34 of the Indian Penal Code.

Allegation against the petitioner is of subjecting his wife to cruelty with respect to demand.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted and no offence is made out against the petitioner.

In this case on appearance of the O.P.no.2 the matter was referred to the Meditation Centre for meditation but the report of the Mediator at flag 'M' also discloses that the mediation failed. Heard learned A.P.P. also.

Patna High Court CR. MISC. No.28335 of 2019(6) dt.22-10-2019 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. As such this application is dismissed and at the same time, provisional bail granted to the petitioner earlier vide order dated 01.05.2019 is recalled, however, the petitioner is still at liberty to approach the O.P.no.2 and if succeeded in persuading O.P.no.2 to appear along with the O.P.no.2 before the learned court below while hearing regular bail application, which will be considered by the learned court below while considering the prayer for bail of the petitioner, With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T