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Patna High CourtCR. MISC./55623/2019bail granted

Sudhir Poddar v. The Stateof Bihar

2020-06-12Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55623 of 2019 Arising Out of PS. Case No.-64 Year-2017 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== SUDHIR PODDAR S/o Kusheshwar Poddar R/o village- Maheshpur Kothi, P.S.- Bhagwanpur, District- Begusarai ... ... Petitioner/s

Versus

1.

THE STATEOF BIHAR 2.

Richa Devi W/o Sudhir Poddar, D/o Hare Ram Poddar R/o villageBahadurpur, Ward No. 26, P.S.- Samastipur Town, District- Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Alok Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

Allegation against the petitioner is of committing torture upon the victim due to non-fulfillment of demand of dowry. The petitioner was granted provisional anticipatory bail by order dated 20-11-2019. The matter was referred to the Mediation Centre, Patna High Court, Patna.

From perusal of the report of the mediator, it appears that

Patna High Court CR. MISC. No.55623 of 2019(4) dt.12-06-2020 2/2 the mediation has failed.

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 falsely been implicated in the present case due to petty family dispute. 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 Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the provisional anticipatory bail granted to the petitioner vide order dated 20-11-2019 is hereby confirmed. (Sudhir Singh, J) A.K.V.//- U T