Dr. Binod Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37655 of 2024 In CRIMINAL MISCELLANEOUS No.7647 of 2024 Arising Out of PS. Case No.-299 Year-2021 Thana- SHASTRINAGAR District- Patna ====================================================== Dr. Binod Kumar Choudhary Son of Late Dr. Rajendra Narayan Choudhary Resident of Mohalla - Road No. 9, Rajiv Nagar, P.S.- Shastri Nagar, District - Patna, (Bihar), Pin - 800024.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Ankita Pandey Daughter of Brajesh Pandey Resident of 76/84, Officers Flat, New Punaichak, P.S.- Shastrinagar, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kunal Tiwary, Advocate For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-05-2024 Heard Mr. Kunal Tiwary, learned counsel for the petitioner and the State.

2. On 17.02.2024, the Cr. Misc. No. 7647 of 2024 was allowed.

3. Now, the modification petition has been filed and Mr. Tiwary has pointed out that actually in the petition, it was averred that his wife is ill but in paragraphs 4 and 6 of the order, one of the ground of granting relief is that the petitioner is ill.

4. Learned APP has no opposition.

5. In that view of the matter, the Cr. Misc. No. 37655 of 2024 stands allowed.

Patna High Court CR. MISC. No.37655 of 2024(2) dt.17-05-2024 2/2

6. Paragraphs 4 and 6 of the order dated 17.02.2024 stands modified to the following extent:

4. Learned Senior counsel for the petitioner submits that the husband is not before the Court rather it is the renowned physician, an aged person and only because he is an unfortunate father of the son with whom the lady is having litigation, he was implicated. Learned Senior counsel further submits that he is ready to appear in the trial diligently.

6. The husband is not before this Court rather it is the father-in-law. Even as per the allegation, while some allegation pertains to United States, he is an aged person and in that background, considering the fact that he do not have criminal antecedent and as undertaken that he will be diligently appearing in the trial, putting him in jail will serve no purpose, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

(Rajiv Roy, J) kiran/- U T