Arun Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20078 of 2017 ====================================================== Arun Kumar Rai, son of Bhagwat Rai, resident of Village- Khedwa Bansui Yadav Tola, Police Station- Basantpur, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Ranju Devi, wife of Arun Kumar Rai, resident of Village- Khedwa Bansui Yadav Tola, Police Station- Basantpur, District- Siwan. daughter of Yogendra Rai, resident of Village- Jamalpur Kala, Police StationSindhwaliya, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Mr. Sri Surendra Prasad Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-04-2017 Heard.

The present application has been filed for modification of the order dated 17.10.2016 passed in Criminal Miscellaneous No.44812/2016 in connection with Complaint Case No.3728/2016, pending before the learned CJM, Gopalganj, wherein process has been directed to be issued after cognizance being taken for the offences punishable under sections 498A, 323 of the Indian Penal Code and section 4 of the Dowry Prohibition Act, whereby petitioner was granted provisional anticipatory bail for six months, on submission that the petitioner is ready to keep the complainant as wife with full dignity and honour. The provisional anticipatory bail of petitioner was to be confirmed by

Patna High Court Cr.Misc. No.20078 of 2017 (2) dt.26-04-2017 2/2 the learned Court below in three eventualities i.e., (i) if the matrimonial harmony is substantially restored or (ii) or if the complainant fails to appear before the learned Court below or (iii) if the complainant deliberately gets reluctant to reconcile the issue.

It is submitted that since the petitioner works at Delhi he had no knowledge of the order of this Court; hence, he could not comply the direction of this Court. Considering the nature of accusation, the period of provisional bail of the petitioner is extended for further five weeks and the period of surrender is extended by three weeks. The order dated 17.10.2016 stands modified to the extent indicated above.

Rest of the conditions for confirmation of provisional bail as stipulated in the above order will remain the same. Accordingly the modification application is disposed of.

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