Anjani Kumar @ Vinit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49265 of 2019 In CRIMINAL MISCELLANEOUS No.22553 of 2017 Arising Out of PS. Case No.-71 Year-2016 Thana- MAHILA PS District- Jehanabad ====================================================== ANJANI KUMAR @ VINIT KUMAR Son of Ashwani Sharma @ Ashwani Kumar Resident of Village - Metra, P.S.- Ghosi, District- Jehanabad ... ... Petitioner/s
Versus
1.
THE STATE OF BIHAR 2.
Puspa Kumari Wife of Anjani Kumar @ Vinit Kumar Resident of Village - Metra, P.S.- Ghosi, District- Jehanabad ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shivendra Prasad For the Opposite Party/s :
Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-08-2019 The present application has been filed with a prayer for modification of the order dated 19.08.2017, passed in Cr. Misc. No. 22553 of 2017, whereby the petitioner, being the husband of the informant was granted provisional anticipatory bail for six months, on the statement made on affidavit before this Court that the petitioner is ready to keep the informant as wife with full dignity and honour. The provisional anticipatory bail of the petitioner was to be confirmed by the learned Court below in three eventualities, (i) if the matrimonial harmony is substantially restored or (ii) if the informant fails to appear before the learned Court below or (iii) if the complainant gets reluctant to reconcile the issue.
Patna High Court CR. MISC. No.49265 of 2019(2) dt.07-08-2019 2/3 Subsequently, the petitioner preferred Cr. Misc. No. 17213 of 2018 with a prayer for modification of the order dated 19.08.2017, passed in Cr. Misc. No. 22553 of 2017 to the extent of extending the period of surrender. Considering the nature of accusation and the stand of the petitioner to keep the informant as wife with full dignity and honour, this Court, vide order dated 25.04.2018 extended the period of surrender by four weeks and further extended the period of provisional anticipatory bail by six months, with an observation that no further modification application will be entertained.
Considering the fact that order dated 19.08.2017, passed in Cr. Misc. No. 22553 of 2017 has already been modified coupled with the specific observation made vide order dated 25.04.2018, passed in Cr. Misc. No. 17213 of 2018 to the effect that no further modification application will be entertained, this Court is not inclined to interfere. However, keeping in view the present stand of the petitioner that he is ready to keep the informant as wife with full dignity and honour, let the learned Court below consider the prayer for regular bail of the petitioner and mediate the issue, if the petitioner surrenders within a period of six weeks in connection with Jehanabad (Mahila) P.S. Case No. 71 of 2016,
Patna High Court CR. MISC. No.49265 of 2019(2) dt.07-08-2019 3/3 pending in the Court of learned Chief Judicial Magistrate, Jehanabad.
Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T