Patna High CourtCR. MISC./35537/2015disposed

Kamdev Ravidas v. The State Of Bihar

2015-08-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35537 of 2015 ====================================================== Kamdev Ravidas S/o late Balgobind Ravidas Resident of village Khojpura, P.S. Telhara, District Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. S.D.Singh Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 19-08-2015 The present application has been filed for modification of order dated 01.05.2013 passed in Cr. Misc. No. 14183 of 2013 for extending the period of surrender. The petitioner was granted provisional anticipatory bail for one year on readiness of the petitioner to keep the complainant as wife with full dignity and honour in connection with Complaint Case No. 417C of 2011 wherein processes were directed to be issued after cognizance being taken for the offence punishable under Sections 498A of the IPC and 3/4 of Dowry Prohibition Act, pending in the court of learned Chief Judicial Magistrate, Sheikhpura.

The provisional bail was to be confirmed by the learned court below if the matrimonial harmony is

Patna High Court Cr.Misc. No.35537 of 2015 (02) dt.19-08-2015 2/2 substantially restored or if the complainant deliberately refuses to reside with the petitioner.

Considering the fact that the petitioner was granted provisional anticipatory bail vide order dated 01.05.2013 for one year whereas the present modification application has been filed on 31.07.2015 much after the lapse of the period of provisional anticipatory bail, this Court is not inclined to entertain the present modification application.

Accordingly, this modification application is disposed of.

Let the learned court below consider the prayer for regular bail of the petitioner keeping in view of the fact that the petitioner is ready to keep the complainant as wife with full dignity and honour.

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