Patna High CourtCR. MISC./39944/2021dismissed

Vinod Kumar v. The State Of Bihar

2021-08-17Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39944 of 2021 Arising Out of PS. Case No.-171 Year-2018 Thana- BHANGWANPUR HAT District- Siwan ====================================================== VINOD KUMAR Son of Sri Kishun Sah Resident of Village- Chorma Tola Jalpurwa, P.S.- Bhagwanpur Hat, District- Siwan. ... ... Petitioner/s

Versus

The State of Bihar 2.

Priyanka Gupta Wife of Vinod Kumar, D/o Ajay Sah Resident of VillageChorma Tola Jalpurwa, P.S.- Bhagwanpur Hat, District- Siwan, at present Village- Sareya, P.S.- Basantpur, District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shakil Ahmad Khan For the Opposite Party/s :

Mr.Murli Dhar,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in Bhagwanpur Hat P.S. Case No. 171/2018 registered under Sections 498(A), 406, 120B of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

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

Patna High Court CR. MISC. No.39944 of 2021(2) dt.17-08-2021 2/2 This is second attempt for grant of anticipatory bail made on behalf of the petitioner. The earlier anticipatory bail application of the petitioner was rejected vide Annexure-1 to the present application by a Coordinate Bench of this Court. On behalf of the petitioner, it is submitted that the petitioner has got no criminal antecedent. Due to petty reason, the alleged occurrence is said to have taken place. The offence is triable by the Magistrate.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. If the petitioner surrenders in the Court below and prays for regular bail, the same shall be considered on its own merit without being prejudiced by this order and may be disposed of preferably on the same day.

(Sudhir Singh, J) Pankaj/- U T