Bhushan Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33331 of 2014 ====================================================== Bhushan Kumar Nirala s/o Late Doman Paswan , resident of Village - Parasbigha , P.S. -KIndui, District - Jehanabad . .... .... Petitioner

Versus

1. The State of Bihar

2. Awadhesh Kumar, Son of Late Siya Saran Paswan, Resident of village - Rana Bigha, P.S. Deep Nagar, District - Nalanda. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 07-01-2015 The present application has been filed for modification of order dated 11.01.2013 passed in Cr. Misc. No. 45977 of 2013, whereby the petitioner being the husband of the informant was granted provisional anticipatory bail for one year in connection with Mahila (Biharsharif) P.S. Case No. 29 of 2012 registered for the offences punishable under Sections 498A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act pending in the court of learned Chief Judicial Magistrate, Nalanda

Patna High Court Cr.Misc. No.33331 of 2014 (04) dt.07-01-2015 2/3 at Biharsharif.

The provisional bail was to be confirmed by the learned court below within one year on substantial restoration of matrimonial harmony or if the informant deliberately refuses to reside with the petitioner.

It is submitted by learned counsel for the petitioner that the informant did not appear before the learned court below and subsequently died at her parents' house. Bother of the informant was noticed vide order dated 10.09.2014, but it appears from the office note dated 16.12.2014 that in spite of valid service of notice none is appearing on behalf of opposite party no. 2.

After the death of the wife of the petitioner Deepnagar P.S. Case No. 37 of 2013 was registered against the petitioner under Section 306/34 of the Indian Penal Code in which the petitioner has been granted anticipatory bail vide Cr. Misc. No. 43774 of 2013. The order has been brought on record as Annexure-7.

It is submitted by learned counsel for the petitioner that still the bail bond of the petitioner has not been cancelled.

Considering the aforesaid facts, the order

Patna High Court Cr.Misc. No.33331 of 2014 (04) dt.07-01-2015 3/3 dated 11.01.2013 is modified to the extent that the provisional anticipatory bail of the petitioner is, hereby, confirmed. Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T