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Patna High CourtCR. MISC./47492/2016disposed

Dr. Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma v. State Of Bihar And ANR

2017-01-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47492 of 2016 ====================================================== Dr. Dilip Kumar @ Dr. Dilip Kumar Sharma @ Dilip Sharma S/o late Shiv Pujan Prasad R/o Keshopur Grudwara Road, P.S. Jamalpur, District Munger .... .... Petitioner/s

Versus

1. The State of Bihar

2. Swati Omi Wife of Dilip Kumar Sharma Resident of Keshopur Gurudwara Road, P.S. Jamalpur, District-Munger .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Nath Jha For the Opposite Party/s : Mr. Sri Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-01-2017 The present application has been filed for modification of order dated 30.06.2016 passed in Cr. Misc. No. 6974 of 2016 to the extent of extending the period of surrender only.

The petitioner being the husband of the informant was granted anticipatory bail in a case registered for the offences punishable under Sections 147, 149, 506, 504, 448, 323, 379 and 498A of the Indian Penal Code.

It was submitted on behalf of the petitioner that the petitioner has already make the payment of interim maintenance amount awarded by learned Principal Judge, Family Court, Munger in Maintenance Case No. 153 of 2014. A

Patna High Court Cr.Misc. No.47492 of 2016 (2) dt.11-01-2017 2/2 statement has been made in paragraph 4 of the petition that the entire interim maintenance amount has been paid and the petitioner could not surrender due to some wrong instruction. In the circumstances, the order dated 30.06.2016 is modified to the extent that the period of surrender is extended by three weeks from the date of receipt/production of a copy of this order in connection with Jamalpur P.S. Case No. 76 of 2015 pending in the court of learned Additional Chief Judicial Magistrate-2, Munger.

The bail bonds of the petitioner will be accepted by the learned court below on filing affidavit with regard to the up-to-date payment of the interim maintenance amount. The rest conditions as stipulated in the order dated 30.06.2016 passed in Cr. Misc. No. 6974 of 2016 will remain the same. Accordingly, this modification application is disposed of.

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