Ram Chandra Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47483 of 2016 ====================================================== Ram Chandra Gupta Son of Keshav Prasad Gupta resident of VillageBankatta, Near Kabir Math, Police Station- Kotwali, District- Balia (Uttar Pradesh).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Basant Kumar Singh, Adv. For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-01-2017 Heard both sides.

The petitioner filed this petition for modification of order dated 03.07.2015 passed in Cr. Misc. 20083/15 by which the petitioner was granted provisional bail. The petitioner earlier filed anticipatory bail and vide order dated 03.07.2015, petitioner was directed to surrender in the court below within four weeks, on such, he was directed to be released on provisional bail, but the petitioner neither surrender in the court below nor made any efforts for resolution of dispute with his wife. It is submitted that the petitioner was engaged in treatment of his mother and that is why the petitioner did not surrender in the court below.

It appears that even after passing of the order

Patna High Court Cr.Misc. No.47483 of 2016 (2) dt.11-01-2017 2/2 granting provisional bail to the petitioner for resolution of dispute with his wife vide order dated 03.07.2015, the petitioner did not surrender in the court below for more than a year and thereafter, filed this petition.

I do not find any justification for extending the period of surrender of the petitioner in the court below. Accordingly, this modification petition is dismissed. (Prabhat Kumar Jha, J.) Vinita/- U T