Binod Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72302 of 2023 In CRIMINAL MISCELLANEOUS No.42584 of 2016 Arising Out of PS. Case No.-245 Year-2015 Thana- SUGAULI District- East Champaran ====================================================== Binod Sahani, aged about 32 years (Male), Son of Yashulal Sahani, Resident of Dumari, P.S. - Sugauli, District - East Champaran. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dhannjay Kumar No. 2, Advocate For the Opposite Party :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The present application has been filed for modification of the order dated 28.09.2016, passed in Cr. Misc. No. 42584 of 2016, by the then Co-ordinate Bench of this Court by which the petitioner was granted provisional anticipatory bail for six months and the said provisional anticipatory bail was to be confirmed in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant failed to appear or (iii) if the informant deliberately refuses to reside with the petitioner in connection with Sugauli P.S. Case No. 245 of 2015, pending in the court of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.72302 of 2023(3) dt.09-04-2024 2/2 Motihari, East Champaran.

3. Considering the aforesaid facts and circumstances of the case, this Court finds no merit in the present modification petition as the same is misconceived to interfere with the earlier order dated 28.09.2016, passed in Cr. Misc. No. 42584 of 2016.

4. Accordingly, the present modification petition is dismissed.

(Chandra Prakash Singh, J) U.K./- U T