Patna High CourtCR. MISC./55467/2016disposed

Abhijeet Kumar @ Avijit Kumar v. The State Of Bihar

2017-01-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55467 of 2016 ====================================================== Abhijeet Kumar @ Avijit Kumar, son of Late Umesh Chandra Srivastav, resident of Mohalla- Shikandarpur, Police Station- Nagar, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niraj Kumar For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-01-2017 Heard learned counsels for the petitioner, complainant and the State.

The present application has been filed for modification of the order dated 30.04.2015 passed in Cr. Misc. No. 20194 of 2015 to the extent of extending the period of provisional anticipatory bail.

The petitioner being husband of the informant was granted provisional anticipatory bail for one year in a case registered for the offences punishable under Sections 498A, 323, 379, 504 of the Indian Penal Code. The petitioner was granted bail on readiness of the petitioner to keep the informant as wife with full dignity and honour. The provisional bail of the petitioner was to be confirmed by learned Court below in three eventualities (i) on substantial restoration of matrimonial harmony or (ii) if the informant gets reluctant to

Patna High Court Cr.Misc. No.55467 of 2016 (2) dt.18-01-2017 2/2 reconcile the issue or (iii) if the informant fails to appear before learned Court below.

Considering the fact that provisional bail of the petitioner lapsed on 29.04.2016 when the present modification application has been filed on 22.12.2016, this Court is not inclined to modify the earlier order. Let learned Court below consider the prayer for bail of the petitioner, keeping in view of the nature of accusation, if the petitioner surrenders within a period of six weeks in connection with Beur P.S. Case No. 49 of 2015, pending in the Court of learned Judicial Magistrate, 1st Class, Patna.

Accordingly the modification application is disposed off.

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