Md. Ishtekhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50831 of 2022 In CRIMINAL MISCELLANEOUS No.30821 of 2021 Arising Out of PS. Case No.-261 Year-2020 Thana- PALASI District- Araria ====================================================== MD. ISHTEKHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Jha For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 12-10-2022 Heard the parties.

This application has been filed for modification of the order dated 01.04.2022 passed in Cr. Misc. No. 30821 of 2021 whereby the petitioner had been granted provisional anticipatory bail for a period of three months. It seems that wife of the petitioner is not interested in continuing with the matrimonial relationship with the petitioner. In view of the law laid down by the Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273, the provisional bail granted to the petitioner is hereby confirmed, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Accordingly, this modification application is allowed. (Sandeep Kumar, J) Vikas/Shishir U