Mukesh Pandey @ Mukesh Anand Pandey v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34529 of 2014 ====================================================== Mukesh Pandey @ Mukesh Anand Pandey S/o Sri Mahesh Pandey Resident of Mohalla Chandmari Road, Sheo Mandir Lane, P.S. Kankarbagh, District Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pampi Devi W/o Mukesh Pandey Resident of Mohalla Chandmari Road, Sheo Mandir Lane, P.S. Kankarbagh, District Patna and D/o Shri Kanhai Pandey, Resident of Mohalla Maulaganj Nai Sarak, P.S. Civil Line, District Gaya.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 12-08-2015 The present application has been filed for modification of order dated 25.10.2013 passed in Cr. Misc. No. 9339 of 2013 for extension/confirmation the period of provisional anticipatory bail, whereby petitioner was granted provisional bail in Complaint Case No. 1114 of 2011 wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A of the Indian Penal Code and 4 of the Dowry Prohibition Act, pending in the court of learned SDJM, Gaya.

The provisional anticipatory bail was granted to the petitioner for six months since the factum of marriage was

Patna High Court Cr.Misc. No.34529 of 2014 (3) dt.12-08-2015 2/2 disputed by the petitioner. The learned court below was directed to conduct an enquiry with regard to the factum of marriage between the petitioner and the complainant. The provisional bail was to be confirmed by the learned court below on coming to the conclusion that petitioner never married the complainant but on reaching to a conclusion otherwise the petitioner was supposed to surrender and pray for regular bail.

It is submitted by learned counsel for the petitioner that the learned court below came to the conclusion that the petitioner performed marriage with the complainant. In the circumstances, the present modification application is not maintainable. Accordingly, it is disposed of. (Dinesh Kumar Singh, J) DKS/- U T