Pradip Kumar Anand v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14524 of 2018 ====================================================== Pradip Kumar Anand, S/o Budhi Nath Thakur, Resident of VillageMirganj, P.S.- Mirganj, District- Purnea. .... .... Petitioner

Versus

1. The State of Bihar.

2. Anita Thakur, W/o Pradip Kumar Anand, D/o Jay Narayan Thakur, Resident of Village- Birpur Lokhara, P.S.- Muffasil (Rani Patra), DistrictPurnea. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-04-2018 Heard both sides.

The petitioner filed this Criminal Miscellaneous for modification of the order dated 06.05.2015 passed in Cr. Misc. No.16794 of 2015.

Learned counsel for the petitioner submits that the petitioner was granted provisional anticipatory bail in Cr. Misc. No.16794 of 2015 and directed to surrender in the court below within four weeks from the date of receipt/production of a copy of the order but the petitioner and his wife began to live together. The wife of the petitioner gave birth to a child, therefore, the petitioner thought that there is no need of surrender in the court below as the matter between the husband and wife has already been resolved.

Patna High Court Cr.Misc. No.14524 of 2018 (2) dt.25-04-2018 2/2 It appears that the petitioner intentionally and knowingly did not surrender in the court below in pursuance of the order dated 06.05.2015. The petitioner avoids the order of the court for about three years and only thereafter filed petition for modification on 12.03.2018.

Thus, I do not find any merit to modify the order dated 06.05.2015 passed in Cr. Misc. No.16794 of 2015 and accordingly the same is dismissed.

(Prabhat Kumar Jha, J) Amit/- U T