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Patna High CourtCR. MISC./63508/2019allowed

Vinay Kumar @ Vinay Kumar Singh v. The State Of Bihar

2019-12-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63508 of 2019 Arising Out of PS. Case No.-315 Year-2016 Thana- PATORI District- Samastipur ====================================================== VINAY KUMAR @ VINAY KUMAR SINGH Son of Rudra Narayan Singh Resident of Village-Bariyarpur Kanth Bariyarpur @ Bazidpur, P.S-Sakra, District-Muzaffarpur, At Present Residing at Jibika Office, Patori, P.S.-Patori, District-Samastipur.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Thakur For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2019 Heard the parties.

Petitioner happens to be husband of the informant with allegation of demand and torture.

Submission of the learned counsel for the petitioner is that earlier an application had been filed under Section 9 of the Hindu marriage Act for restitution of the conjugal right but she refused to reside with him. He has filed Divorce petition apart from that a maintenance case has also been filed by the informant (O.P.no.2) and in that case as per order of the learned Family Court, he has to pay Rs.10,000/- per month. He is ready to abide by any condition imposed upon him him, if he is granted anticipatory bail.

Heard learned APP.

Patna High Court CR. MISC. No.63508 of 2019(4) dt.18-12-2019 2/2 In this case earlier notice was issued to the O.P.no.2 and it appears that neither the service report nor acknowledgment has been received but the 'Track Consignment Report 'shows that the 'Item delivery confirmed' as such the case is posted for admission.

In view of the facts and circumstances as stated abvoe, the provisional bail granted to the petitioner, vide order dated 22.10.2019 is confirmed.

Accordingly, this application is allowed.

(Vinod Kumar Sinha, J) chn/- U