Babloo Mahto v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4690 of 2017 ======================================================

1. Babloo Mahto, S/o Shiv Shankar Mahto, R/o Village- Belari, P.S.- Kumarkhand, District- Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sangita Devi, W/o Babloo Mahto, D/o Satrughan Mandal, R/o VillageGiva Manjay, P.S.- Chhatapur, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-02-2017 Heard learned counsel for the parties.

The present application has been filed for modification of the order dated 6.10.2016 passed in Cr. Misc. No. 44178 of 2016 to the extent of extending the period of surrender.

The petitioner being husband of the complainant was granted provisional anticipatory bail for a period of six months in the Complaint Case No. 227C of 2016 wherein process was directed to be issued after cognizance being taken under section 498A of IPC and sections 3 and 4 of Dowry Prohibition Act, on the readiness of the petitioner to keep the complainant as wife with full dignity and honour. The learned

Patna High Court Cr.Misc. No.4690 of 2017 (2) dt.08-02-2017 2/3 court below was supposed to issue notice to the complainant and on her appearance the petitioner was supposed to keep the complainant as wife with full dignity and honour. The provisional bail was supposed to be confirmed by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the complainant fails to appear before the learned court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

Considering the nature of accusation and the submission of learned counsel for the petitioner that the petitioner will keep the complainant as wife with full dignity and honour and the grounds mentioned in the modification application for not surrendering within the stipulated time, let the period of surrender of the petitioner be extended further for a period of three weeks from the date of receipt/production of the order. However, the period of provisional bail will remain the same i.e. six months from the date of initial order dated 6.10.2016.

The order dated 6.10.2016 stands modified to the extent indicated above.

Patna High Court Cr.Misc. No.4690 of 2017 (2) dt.08-02-2017 3/3 Accordingly, the modification application is disposed of.

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