Prabhat Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32242 of 2015 ====================================================== Prabhat Kumar Singh S/o Naresh Singh Resident of Village Kachmachiya Bishahari Tola, P.S. Panjwara, District Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Guriya Devi W/o Prabhat Kumar Singh, D/o Jai Krishna Pd. Singh Resident of Village Kachmachiya, P.O. Barahat, P.S. Panjwara, District Banka.

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

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Smt. Gulnar Begum(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 22-07-2015 The present application has been filed for modification of order dated 20.04.2015 passed in Cr. Misc. No. 45355 of 2014.

On submission of learned counsel for the petitioner that the petitioner is ready to keep the complainant as wife with full dignity and honour, statement to that effect has been made in para 7 of the petition, the petitioner was granted anticipatory bail since on the valid service of notice the

Patna High Court Cr.Misc. No.32242 of 2015 (2) dt.22-07-2015 2/3 complainant failed to appear. However, liberty was given to the complainant to resume conjugal life on her filing such an application before the learned court below then the learned court below has supposed to issue notice to the petitioner when the petitioner was obliged to comply the undertaking given before this Court. Now the petitioner is not ready to keep the complainant, hence, the present modification application.

Considering the fact that on the basis of specific statement made in paragraph no. 7 of the petition that the petitioner is ready to keep the complainant as wife with dignity and honour, the petitioner was granted bail with liberty to the complainant to resume the conjugal life, hence, this Court is not inclined to entertain the present prayer for modification. Now the counsel for the petitioner confines his prayer for extending the period of surrender. However, as prayed for the period of surrender is extended for four weeks from the date of receipt/production of a copy of this order in connection with Complainant Case No. 79 of 2014 pending in the court of learned SDJM, Banka.

The order dated 20.04.2015 is modified to the extended indicated above.

Patna High Court Cr.Misc. No.32242 of 2015 (2) dt.22-07-2015 3/3 Accordingly, the present modification application is disposed of.

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