Raja @ Shakil Ahmad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23549 of 2016 ======================================================

1. Raja @ Shakil Ahmad, Son of Md. Mustaque, Resident of Village:- Churi Patti Ward no. 15 Kishanganj, P.S.:- Kishanganj, District:- Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Bibi Amna Khatoon, Wife of Raja @ Shakil Ahmad, Daughter of Mojibur Rahman, Resident of Village:- Islamnagar Araria Nagar Parishad Ward no. 27, P.S.:- Araria, District:- Araria. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambika Bhagat, Advocate For the Opposite Party/s : Mr. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-06-2016 The present application has been filed for modification of order dated 15.03.2016 passed in Cr. Misc. No. 44508 of 2015 for extending the period of surrender. The petitioner has been granted provisional anticipatory bail in a complaint case wherein processes has been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code with condition that both the sides shall appear before the learned court below on 5th April, 2016 when the petitioner will take the complainant to keep her as wife with full dignity and honour, but the petitioner could not surrender. The petitioner on the date fixed, came to learned court below at 10.30 A.M. but the learned court below was

Patna High Court Cr.Misc. No.23549 of 2016 (2) dt.22-06-2016 started in morning shift, hence the petitioner could not appear. Though, the modification application has been filed for another date may be fixed so that both the parties may appear and comply the order dated 15.03.2016 passed in Cr. Misc. No. 44508 of 2015.

On the grounds mentioned in the modification application, the period of surrender is extended by three weeks form the date of receipt/production of a copy of this order in connection with Complaint Case No. 602C of 2014, pending in the court of learned Sri A.K. Mall, J.M., Araria. The learned court below fix a further date for appearance of both the parties.

The petitioner will comply the order of the learned court below. The rest of the conditions as noted in the order dated 15.03.2016 will remain the same.

The order dated 15.03.2016 stands modified to the extent indicated above.

Accordingly, this modification application is disposed of.

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