Ranjit Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40733 of 2014 ======================================================

1. Ranjit Rai Son of Late Kapil Rai, Resident of Village- Gangajal, P.S. Raja Pakar, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar

2. Asha Devi, wife of Ranjit Rai and daughter of Surya Deo Singh, Residing at village- Kashipur, P.S. Raja Pakar, District- Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Mr. Ganesh Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-08-2015 Heard learned counsels for the petitioner, informant and the State.

The present modification application has been filed for confirmation/extension of provisional anticipatory bail granted to the petitioner for one year vide order dated 04.10.2012 passed in Cr. Misc. No. 37905 of 2012 in a case registered for the offences punishable under Sections 323. 342. 498A, 504, 506, 307 of the Indian Penal Code. The provisional bail was granted on readiness of the petitioner to keep the informant as wife with full dignity and honour. The provisional bail of the petitioner was to be confirmed within one year by the learned Court below on substantial restoration of the matrimonial harmony or if the informant deliberately refuses to reside with the petitioner. It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.40733 of 2014 (2) dt.26-08-2015 2/2 petitioner that matrimonial harmony could not be restored due to the latches on the part of the informant.

Learned counsel for the informant, after filing counter affidavit has pleaded that petitioner has performed second marriage though counsel for the petitioner denies the contention of the counsel for the informant. Considering the fact that for modification of the order dated 04.10.2012, the present modification application has been filed on 24.09.2014 much after expiry of the period of provisional anticipatory bail, this Court is not inclined to modify the earlier order. Let learned Court below consider the prayer for regular bail of the petitioner keeping in view of the fact that petitioner has enjoyed the privilege of provisional anticipatory bail for considerable period and no useful purpose will be served at this stage by putting the petitioner in custody, if the petitioner surrenders within a period of six weeks in connection with Rajapakar P.S. Case No. 52 of 2012, pending in the Court of learned Chief Judicial Magistrate, Vaishali at Hajipur.

Accordingly the modification application is disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T