Patna High CourtCR. MISC./49945/2016disposed

Md. Sazzad @ Md. Sazzad v. State Of Bihar And ANR

2016-11-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49945 of 2016 ====================================================== Md. Sazzad @ Md. Sazzad son of Tahir Nadaf .... .... Petitioner/s

Versus

1. State of Bihar

2. Gulsan, Daughter of Md. Jabbar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Singh For the Opposite Party/s : Mr. Smt. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and the State. The present application has been filed for modification of the order dated 24.07.2015 passed in Criminal Miscellaneous No.30902/2014 for extending the period for surrender.

The petitioner being the husband of the informant was granted anticipatory bail, in Raniganj P.S. Case No.80/2011 registered for the offences punishable under sections 498A/34 IPC and 3/4 of the Dowry Prohibition Act, on perusal of report of the Mediation Centre of the State Legal Services Authority dated 25.03.2016 to the effect that the issue has been resolved between the parties and on joint submission of counsel for the petitioner and the informant/opposite party no.2 that the petitioner and the informant are residing together.

Patna High Court Cr.Misc. No.49945 of 2016 (2) dt.23-11-2016 2/2 It is submitted by learned counsel for the petitioner that the petitioner could not surrender before the learned Court below under some misconception. However, the petitioner and the informant are residing together.

Considering the fact that the present application has been registered on 18.11.2016 for modification of the order dated 24.07.2015, this Court is not inclined to entertain the prayer for modification of the order aforesaid with such a delay, but keeping in view of the fact the petitioner was granted bail on merit, it is a case for consideration of prayer for regular bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of three weeks in connection with Raniganj P.S. Case No.80/2011, pending before the learned CJM, Araria. With the above observation, this application is, accordingly, disposed off.

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