Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26044 of 2019 In CRIMINAL MISCELLANEOUS No.738 of 2018 Arising Out of PS. Case No.-102 Year-2016 Thana- JHANJHARPUR District- Madhubani ====================================================== SUNIL KUMAR Son of Late Ramchandra Chaudhary Resident of Village - Ufraul, P.S. - Punpun, District - Patna then Block Development Officer, Jhanjharpur, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2019 This application has been filed for modification of order dated 16.02.2018 passed in Cr. Misc. No. 738/2018, by which petitioner was granted anticipatory bail in connection with Jhanjharpur P.S. Case No. 102/2016 to the satisfaction of learned A.C.J.M. 1st , Jhanjharpur, Madhubani. Learned counsel for the petitioner has submitted that petitioner is posted in Patna Secretariat. His wife is suffering from Cancer. It is difficult for the petitioner to appear on each and every date fixed by the court below as directed by the Hon'ble Court.

Learned counsel for the petitioner has submitted that petitioner will remain physically present on the dates as and

Patna High Court CR. MISC. No.26044 of 2019(2) dt.01-05-2019 2/2 when required by the court below.

In view of such, order dated 16.02.2018 passed in Cr. Misc. No. 738/2018 is modified to the extent that petitioner shall file necessary petition in the court below under Section 317 Cr.P.C. The court below shall pass appropriate order on such petition in accordance with law.

The petitioner will remain present physically on the dates as and when required by court below. This Modification Petition is accordingly allowed. (Sanjay Priya, J) rakhi/- U T