Patna High CourtCR. MISC./24874/2019dismissed

Md Salim Jawed @ Md. Salim Salim v. The State Of Bihar

2019-04-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24874 of 2019 In CRIMINAL MISCELLANEOUS No.78004 of 2018 Arising Out of PS. Case No.-473 Year-2016 Thana- GAYA COMPLAINT CASE DistrictGaya ====================================================== MD SALIM JAWED @ Md. Salim Salim Son of Late Md. Samiullah, Resident of Mohalla- Kendua Bazar, Police Station- Kulti, District- Bardwan (West Bengal).

... ... Petitioner/s

Versus

The State of Bihar 2.

Sana Naz, Wife of Salim Jawed @ Md. Salim Jawed, D/O Abdul Wajab, Resident of Village- Narayanpur, Police Station- Maigara, Police StationMaigara, District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2019 This modification application has been filed for modification of order dated 20.02.2019 passed in Cr. Misc. No.78004 of 2018 by which the petitioner has been granted conditional bail on payment of Rs.12,000/- per month payable to the complainant in the first week of each month. Submission of learned counsel for the petitioner is that he does not have so much income and as such he is unable to pay the amount and he is ready to keep the complainant. Heard learned A.P.P. also.

Having heard both sides, from perusal of order dated

Patna High Court CR. MISC. No.24874 of 2019(2) dt.24-04-2019 2/2 20.02.2019 passed by this Court in Cr. Misc. No. 78004 of 2018, it appears that the order has been passed after hearing the learned counsel for the petitioner and complainant and no objection was raised at that time and now submission is made that the petitioner has no income.

In such view of the matter, I am not inclined to modify the order dated 20.02.2019 passed in Cr. Misc. No.78004 of 2018, however, if the petitioner surrender before the court below and make prayer for regular bail and make submission as made above that he is ready to keep the complainant, the learned court below shall consider the aforesaid aspect of the matter and pass an appropriate order. Accordingly, this modification application is dismissed.

(Vinod Kumar Sinha, J) Amjad/- U T