Patna High CourtCR. MISC./53318/2018dismissed

Ashwani Singh @ Chhotu Singh v. State Of Bihar And ANR

2018-09-26Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53318 of 2018 ======================================================

1. Ashwani Singh @ Chhotu Singh S/o Shankar Dayal Singh, R/o MohallaShastri Nagar Colony, Ward No. 7, P.S. and District- Jamui Permanently R/o Vill.- Rampur Ami, P.S.- Dighwara, District- Saran (Chapra). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Soni Singh, wife of Aswani Singh @ Chhotu Singh, C/o Shankar Dayal Singh, Retired S.I. Police, resident of mohalla Shastri Nagar Colony, Ward No.7, P.S. and District-Jamui .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Amar Prakash For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-09-2018 Heard both sides.

The petitioner filed this criminal miscellaneous for modification of the order dated 11.07.2017 passed in Cr. Misc. No.19416 of 2017 and for confirmation of the provisional bail granted to the petitioner by same order.

Learned counsel for the petitioner submits that the petitioner was granted provisional bail for six months with a direction to the trial court to take all efforts for resolution of the dispute between husband and wife and if the husband keeps his wife properly, the trial court shall confirm the provisional bail of the petitioner and if the petitioner does not keep his wife properly, the trial court shall pass order in accordance with law, immediately after lapse of six months of provisional bail.

Patna High Court Cr.Misc. No.53318 of 2018 (2) dt.26-09-2018 2/2 It appears that more than six months have elapsed but the petitioner did not move before the trial court for confirmation of his provisional bail on the ground that he keeps his wife properly.

In this view of the matter, I do not feel inclined to modify the order dated 11.07.2017 passed in Cr. Misc. No.19416 of 2017.

Accordingly, this modification petition is dismissed. (Prabhat Kumar Jha, J) Amit/- U T