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Patna High CourtCR. MISC./1266/2014disposed

Sajid v. The State Of Bihar

2015-01-21Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1266 of 2014 ====================================================== Sajid .... .... Petitioner.

Versus

1. The State of Bihar.

2. Lado @ Ladali.

.... .... Opposite Parties.

====================================================== Appearance :

For the Petitioner : Mr. Anil Prasad Singh, Advocate. For the State : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2015 Heard learned counsels for the petitioner and the State.

The present application has been filed for modification of order dated 04.07.2012, passed in Cr. Misc. No. 23131 of 2012 for extending the period of surrender.

The petitioner was granted provisional anticipatory bail in a complaint case in which cognizance has been taken for the offences punishable under Section 498A of the Indian Penal Code. The provisional bail was to be confirmed by the learned court below on substantial restoration of matrimonial harmony.

In the present modification application, notices were issued to the complainant vide order dated 15.01.2014 but none appeared on behalf of the

Patna High Court Cr.Misc. No.1266 of 2014 (3) dt.21-01-2015 2 / 2 complainant in spite of valid service of notice. Considering the fact that initial order was passed on 04.07.2012 when modification application has been filed on 08.01.2014, this Court is not inclined to interfere. However, it is case for consideration of regular bail.

Let the learned court below consider prayer for regular bail of the petitioner if he surrenders within a period of six weeks from the date of receipt/production of copy of this order in connection with Complaint Case No. 2669C of 2010 pending in the court of the learned J.M.Ist Class, Araria.

With this observation, the modification application is disposed off.

U.K./- (Dinesh Kumar Singh, J) U T