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Patna High CourtCR. MISC./14508/2018disposed

Mausam Ali v. The State Of Bihar

2018-03-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14508 of 2018 ====================================================== Mausam Ali, Son of Amin Ali @ Asin Ali, Resident of Village- Ramgarh, P.S.- Ramgarh, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 21-03-2018 The present application has been filed for modification of the order dated 04.04.2011 passed in Cr. Misc. No. 8062 of 2011 to the extent of extending the period of surrender.

The petitioner was granted anticipatory bail in a complaint case, wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Sections 467 and 468 of the Indian Penal Code, considering the civil nature of dispute and filing of title suit at earlier point of time.

Since the modification application has been filed after about seven years of the grant of anticipatory bail, this Court is not inclined to interfere. However, keeping in view the

Patna High Court Cr.Misc. No.14508 of 2018 (2) dt.21-03-2018 nature of accusation and the fact that the petitioner was granted anticipatory bail on merit, it is a case for consideration of prayer for regular bail, if the petitioner surrenders before the learned Court below within a period of six weeks from today in connection with Complaint Case No. 125 of 2010 pending in the Court of learned Judicial Magistrate, Ist Class, Kaimur at Bhabhua. It is expected from the learned Court below to dispose of the bail application of the petitioner preferably on the same day. Accordingly, this modification application is disposed of.

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