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Patna High CourtCR. MISC./19344/2020disposed

Md. Jahangir v. The State Of Bihar

2021-06-30Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.19344 of 2020 In CRIMINAL MISCELLANEOUS No.75957 of 2019 Arising Out of PS. Case No.-2791 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== MD. JAHANGIR Son of Asauddin Resident of Village- Sikatia ward No. 04 south Tola, P.S.- Jokihat, District- Araria.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Husn Ara Dauther of Azim, Wife of Md. Jahangir Resident of Village- Duba Ward No. 06, P.S.- Jokihat, District- Araria. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 30-06-2021 Learned counsel for the petitioner as well as learned counsel for the O.P. No. 2 are present.

The present application has been filed seeking modification of the order dated 25.11.2019 passed in Cr. Misc. No. 75957 of 2019. Finding that it was a matrimonial dispute and the parties were willing to resolve the same, this Court had been pleased to grant prayer for pre-arrest bail of the petitioner on certain conditions.

Learned counsel for the petitioner submits that the petitioner visited the house of O.P. No. 2 to bring her back but she was not willing to come. The submission of learned counsel for the petitioner has been opposed by learned counsel for the O.P. No. 2. Learned counsel for the O.P. No. 2 submits that the petitioner has

Patna High Court CR. MISC. No.19344 of 2020(4) dt.30-06-2021 2/2 never visited her place.

Under these circumstances, now parties agree that both of them shall go together from the court itself and for this purpose, this Court deems it just and proper to grant some more time to the petitioner to surrender and submit his bail bond. Let the petitioner surrender in the court below in terms of the order dated 25.11.2019 on start of physical functioning of the court or within eight weeks from today, whichever is earlier. The O.P. No. 2 shall also be present on the said date and the petitioner as well as O.P. No. 2 have agreed to go together from the court premises itself. This will be one of the conditions and the learned court below while accepting the bail bond shall record its satisfaction to the above extent.

Learned counsel for the petitioner undertakes to inform the O.P. No. 2 the date on which the petitioner shall surrender to submit the bail bonds. Despite information if the O.P. No. 2 does not turn up or refuse to go with the petitioner then the court below shall accept the bail bonds.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rishi/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.