Ajimullah Kha @ Ajimullah Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53847 of 2019 In CRIMINAL MISCELLANEOUS No.3499 of 2019 Arising Out of PS. Case No.-1507 Year-2017 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== AJIMULLAH KHA @ AJIMULLAH KHAN Son of Late Salamgir Khan Resident of Village- Ishlampur Tola (Near Bairiyar), P.S. Dhaka, DistrictEast Champaran. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Safina Khatoon Wife of Ajimullah Khan, Daughter of Late Jahir Khan Village- Agarwa (Near Dr. Chandralata Jha), P.S.- Town Motihari, DistrictEast Champaran, Naihar ka Address- Resident of Village- Madhopur, Mahuawa Tola, Purabwari, P.S. Chiraiya, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This modification application has been filed for modification of order dated 09.05.2019 passed in Cr. Misc. No. 3499 of 2019, by which, the petitioner has been granted the privilege of anticipatory bail.

Submission of learned counsel for the petitioner is that due to unforeseen circumstanced, the petitioner could not surrender in the court below as per the direction of this Court and thus prayed for modification of order dated 09.05.2019 passed in Cr. Misc. No. 3499 of 2019 and for extension of time. Heard learned APP also.

Patna High Court CR. MISC. No.53847 of 2019(2) dt.28-08-2019 2/2 Having heard both sides, considering the fact circumstances of the case, I am not inclined to modify the order dated 09.05.2019 passed in Cr. Misc. No. 3499 of 2019, however, if the petitioner surrenders in the court below and make prayer for regular bail, the court below after considering the fact that petitioner was earlier granted the privilege of anticipatory bail, shall dispose of the prayer of the petitioner for grant of regular bail, if possible on same day, without being prejudiced by this order.

Accordingly, this modification application is dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T