Indrajit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5170 of 2015 Arising Out of PS.Case No. -269 Year- 2007 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Indrajit Kumar S/O Late Sukhdeo Prasad Resident of vill+P.O+P.SNagarnausa,Distt.-Nalanda .... .... Petitioner

Versus

1. The State of Bihar

2. Anita Kumari W/O Indrajit Kumar Resident of vill+P.S+P.ONagarnausa,Distt-Nalanda.At present residing with her Father Rana Krishnadeo Narayan at Station Road Hilsa,P.O+P.S-Hilsa,Distt.- Nalanda .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Shailendra Kumar For the Opposite Parties : Mr. Rajendra Singh Shastry (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2015 The petitioner has preferred second anticipatory bail application in a complaint case in which processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 494, 498A of the I.P.C.

The petitioner was granted provisional anticipatory bail for one year vide order dated 16.07.2012 passed in Cr. Misc. No. 21099 of 2012 on submission of the petitioner to keep the complainant as wife with full dignity and honour. The provisional bail was to be confirmed by learned Court below on substantial restoration of matrimonial harmony within a period of one year or if the complainant deliberately refuses to reside with the petitioner. Subsequently the

Patna High Court Cr.Misc. No.5170 of 2015 (2) dt.18-03-2015 2/2 petitioner preferred Cr. Misc. No. 18002 of 2014 for modification of the order dated 16.07.2012 passed in Cr. Misc. No. 21099 of 2012 in which prayer has been made for extending the period of provisional bail as learned Court below issued non-bailable warrant against the petitioner on 13.02.2014 treating the bail bond deemed cancelled in view of the expiry of period of provisional bail. The said modification application was disposed off with liberty to the petitioner to surrender before learned Court below within a period of six weeks and pray for regular bail.

Now learned senior counsel for the petitioner confines his prayer for extension of period of surrender. Let learned Court below consider the prayer for regular bail of the petitioner without being prejudiced by the order of this Court, if the petitioner surrenders within a period of four weeks and pray for regular bail in connection with Complaint Case No. 269C of 2007, pending in the Court of learned Sub-Divisional Judicial Magistrate, Hilsa, Nalanda. Accordingly the application is disposed off.

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