Patna High CourtCR. MISC./32948/2022allowed

Mahmood Alam v. The State Of Bihar

2022-06-29Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32948 of 2022 In CRIMINAL MISCELLANEOUS No.73980 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Mahmood Alam S/o Md. Shakur Mian @ Abdul Sakur R/o Village/MohallaRajendra Nagar, P.O.- Motihari Town, P.S.- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is the husband of the informant, was granted provisional bail vide order dated 04.10.2021 subject to his surrendering before the court below within a period of eight weeks from the date of passing of the order. The Court below was directed to grant provisional bail to him and explore the possibilities of settlement between the spouses. It was further directed that if the settlement between the spouses is arrived at, the provisional bail granted to the petitioner be confirmed.

The petitioner, for the reason of his illness, could not

Patna High Court CR. MISC. No.32948 of 2022(2) dt.29-06-2022 2/2 surrender before the court below to take advantage of the order within the stipulated time and, therefore the present petition has been filed for an extension of the period for the petitioner to surrender before the court below.

Considering the reasons ascribed by the petitioner for not surrendering on time, the order dated 04.10.2021 passed in Cr. Misc. No. 73980 of 2019 is modified to the extent that in case the petitioner now surrenders before the court below within a further period of four weeks, to be counted from today, he shall be released on provisional bail and all further conditions and directions in the order dated 04.10.2021 shall subsist. Accordingly, the order dated 04.10.2021 stands modified to the extent indicated above.

(Ashutosh Kumar, J) rishi/- U T