Sufiyan Ansari @ Md. Sufyan Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34779 of 2019 In CRIMINAL MISCELLANEOUS No.15749 of 2017 Arising Out of PS. Case No.-1872 Year-2015 Thana- COMPLAINT CASE District- Jamui ====================================================== SUFIYAN ANSARI @ MD. SUFYAN ANSARI S/O Imamul Ansari @ Imamul Haque Resident of Village- Sabal Bigha, P.S.- Sikandra, DistrictJamui. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Chandani Khatoon W/O- Md. Sufiyan Ansari, D/O Md. Ibrahim Resident of Mohalla- Purani Chetti, P.S.- Khaira, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Parmanand Pd. Nr. Sahi For the Opposite Party/s :
Ms.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed for modification of the order dated 21.8.2017 passed in Cr. Misc. no. 15749 of 2017, by which petitioner has been granted provisional anticipatory bail for the period of six months, in connection with complaint case no. 1872-C of 2015 to the satisfaction of learned SDJM, Jamui. In the meanwhile, the court below was directed to get the signature of the opposite party no.2 verified with her alleged signature on Annexure-2 (khula) from Forensic Science Laboratory and in the event signature of the opposite party no.2 tallies with the signature of Annexure-2 (Khula) provisional bail of the petitioner was to be confirmed by the learned Court below. Learned counsel for petitioner has submitted that FSL
Patna High Court CR. MISC. No.34779 of 2019(4) dt.24-07-2019 2/2 report has not been received till date. This Court extended the provisional bail of the petitioner for further six months vide order dated 29.8.2018 passed in Cr. Misc. no. 50735 of 2018. Thereafter, this Court had dismissed the modification application of the petitioner vide order dated 17.4.2019 passed in Cr. Misc. no. 23863 of 2019.
As such the order has already been passed by this Court on 17.4.2019 rejecting the modification application. Therefore this second application seeking modification of the order dated 21.8.2017 is not maintainable.
This modification petition is, accordingly, dismissed. The Trial Court is directed to pass appropriate order in terms of the earlier order dated 21.8. 2017 passed by this Court in Cr. Misc. no. 15749 of 2017 within a period of two weeks from the date of receipt/production of a copy of this order. (Sanjay Priya, J) shyambihari/- U T