Anubhav Gyan Srivastava @ Anubhav Gyan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15148 of 2017 ======================================================
1. Anubhav Gyan Srivastava @ Anubhav Gyan S/o Gyaneshwar Prasad Srivastava resident of New Colony Dungri, P.S. - Chaibasa, District - West Singhbhum (Jharkhand), At present Senior Executive (H.R.) Max Hospital East Block Saket Branch, Delhi.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Akata Verma D/o Sri Tarkeshwar Shankar Verma resident of Mohalla - Maharani Road, Nai Godam, P.S. - Kotwali, District - Gaya. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-03-2017 Heard learned counsel for the parties.
The present application has been filed for modification of the order dated 16.8.2016 passed in Cr. Misc. No. 34560 of 2016 for extending the period of provisional bail or confirming the same.
The petitioner being husband of the informant, on submission being made to the effect that he is ready to keep the informant, was granted provisional anticipatory bail for six months vide order dated 16.8.2016 in a case registered under sections 498A and 307 IPC and sections 3 and 4 of Dowry Prohibition Act. The provisional bail was to be confirmed in three eventualities, i.e., - (i) if the matrimonial
Patna High Court Cr.Misc. No.15148 of 2017 (2) dt.29-03-2017 2/3 harmony is substantially restored or (ii) if the informant fails to appear before the learned court below or (iii) if the informant deliberately gets reluctant to reconcile the issue. Learned senior counsel for the petitioner submits that reconciliation between the parties is going on and the orders dated 22.10.2016, 5.1.2016, 24.11.2016, 10.1.2017,20.1.2017 and 10.2.2017 passed by learned court below reflect that the period of provisional bail has been extended by the learned court below till 1.4.2017. It is further submitted that the petitioner is still ready to keep the informant as wife with dignity and honour. In the circumstances, the period of provisional anticipatory bail of the petitioner is extended till 30.6.2017. In the meantime, the learned court below is expected to pass the order with regard to confirmation of provisional anticipatory bail within the parameters stipulated in order dated 16.8.2016 passed in Cr. Misc. No. 34560 of 2016.
The order dated 16.8.2016 passed in Cr. Misc. No. 34560 of 2016 stands modified to the extent indicated above.
Accordingly, the modification application is
Patna High Court Cr.Misc. No.15148 of 2017 (2) dt.29-03-2017 3/3 disposed of in connection with Kotwali P.S. Case No. 122 of 2016 pending in the court of the learned CJM, Gaya. (Dinesh Kumar Singh, J) Anil/- U T