Satendra Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19537 of 2014 ====================================================== Satendra Bind Son of Late Ram Lal Bind Resident of Village Dihrama, P.SSonhan, District- Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Laxmina Devi, Wife of Satendra Bind, R/v Dihrama, P.S. Sonhan, District - Kaimur at Bhabua.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Ansuaiya Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07/ 05-08-2015 The present application has been filed for modification of order dated 14.03.2013 passed in Cr. Misc. No. 6455 of 2013 for extending/confirming the provisional bail or confirmation of the same.

The petitioner was granted provisional anticipatory bail for one year in connection with Mahila (Bhabua) P.S. Case No. 06 of 2012 registered for the offences punishable under Section 498, 498A and 323/34 of the Indian Penal Code, pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabua.

The provisional anticipatory bail was granted to the petitioner on submission of learned counsel for the petitioner that the petitioner is ready to keep the informant as wife with dignity and honour. The provisional bail was to be confirmed

Patna High Court Cr.Misc. No.19537 of 2014 (07) dt.05-08-2015 2/2 by the learned court below in three eventualities - (i) if the matrimonial harmony is substantially restored or (ii) if the informant deliberately refuses to reside with the petitioner or (iii) if the informant fails to appear before the learned court below. It appears from the order dated 04.05.2015 of the learned court below that the bail bond of the petitioner was cancelled on 28.04.2014. However, on the basis of compromise the learned court below granted regular bail to the petitioner vide order dated 04.05.2015 for six months. Hence, the present modification application is not maintainable.

It is expected from the learned court below to pass appropriate final order with regard to the bail keeping in view of the fact that the petitioner has enjoyed the privilege of anticipatory bail and the issue has been settled between the parties. Accordingly, this modification application is disposed of.

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