Ankush Kumar @ Ankush Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56805 of 2018 Arising Out of PS. Case No.-82 Year-2018 Thana- MAHILA P.S. District- Bhojpur ====================================================== Ankush Kumar @ Ankush Kumar Singh S/o Ramaiya Singh, R/o Vill.- Maniar, P.S.- Chhapra, District- Chhapra.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Krishna For the Opposite Party/s :
Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-02-2019 Heard the learned counsel for the petitioner and learned APP.
2. The petitioner apprehends his arrest for the alleged offences under Sections 498(A), 379/34 IPC and Section 3 and 4 of the D.P. Act registered in connection with Mahila P.S. Case No. 82/2018, G.R. No. 2576 of 2018.
3. It is submitted that the petitioner has been falsely implicated in retaliation to the divorce petition filed by the petitioner on 19.09.2016 (Annexure-2) pending before the Court of learned Civil Judge (SD) at Vasai. The present FIR has been instituted almost two years thereafter on 09.06.2018. This Court had taken note of the informant's submission on 08.10.2018 that the petitioner had solemnised another marriage and time has been granted to bring the relevant facts on record. By way of reply to the supplementary affidavit, it has been stated on behalf of the informant in para 8 that the petitioner had developed illicit relationship with one Nitu Kumari. It is therefore, submitted that the informant is taking shifting stands before this Court.
4. Learned APP and learned counsel for the opposite
Patna High Court Cr.Misc. No.56805 of 2018(4) dt.11-02-2019 2/2 party no. 2 appear and has been heard.
5. Learned counsel for the petitioner at this stage states that the petitioner is now posted in Mumbai and as such he would face hardship in presenting himself in Court on each and every date in terms of condition no. (iv) of the provisional anticipatory bail.
6. In the above view of the matter and as prayed, condition no. (iv) subject to which provisional anticipatory bail had been granted, shall stand modified an readas follows -- "(iv) The petitioner shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned."
7. The provisional bail granted to the petitioner by order dated 08.10.2018 pending in the Court of learned S.D.J.M., Bhojpur at Ara in connection with Mahila P.S. Case No. 82/2018, G.R. No. 2576 of 2018 is hereby confirmed.
Chandran/- (Vikash Jain, J) U T