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Patna High CourtCR. MISC./18187/2018disposed

Shahanwaj Ansari And ORS v. The State Of Bihar

2018-04-04Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18187 of 2018 In Criminal Miscellaneous No.1807 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Rohtas ======================================================

1. Shahanwaj Ansari, Son of Sarfudin Ansari, Resident of MohallaSherganj Sonar Toli, P.S.- Sasaram (Town), District- Rohtas.

2. Hajra Khatoon, Wife of Mumtaz Ansari, Resident of VillageSikunhi, P.S.- Sheosagar, District- Rohtas.

3. Arshad Ansari, Son of Aslam Ansari, Resident of VillageNaudiha, P.S.- Sheosagar, District- Rohtas.

4. Sarfaraj Ansari, Son of Nasir Ansari, Resident of Village- Biura, P.S.- Sheosagar, District- Rohtas.

5. Nasir Ansari, Son of Late Jumrati Miyan, Resident of Village Biura, P.S.- Baddi Sheosagar, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sada Nand Roy For the Opposite Party/s :

Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-04-2018 Heard learned counsels for the parties.

The present application has been filed for modification of the order dated 15.1.2018 passed in Cr. Misc. No.1807 of 2018 whereby the petitioner was granted provisional anticipatory bail in a case registered under Sections 366A, 360 and 120B/34 of the IPC, on submission of the learned counsel for the petitioenr that victim is major and has performed marriage of her own sweet will with the petitioner. In the above background, the petitioner was

Patna High Court Cr.Misc. No.18187 of 2018(2) dt.04-04-2018 2/3 permitted to produce the victim girl before the learned court below on 12th February, 2018 for getting her statement recorded.

It is submitted by learned counsel for the petitioner that the victim could not be produced before the learned court below on the aforesaid date due to her illness but now the petitioner undertakes to produce her before the learned court below on 18th April, 2018, hence, seeks to extend the period of his provisional anticipatory bail by four weeks. Considering the submissions of learned counsel for the petitioner, the order dated 15.1.2018 passed in Cr. Misc. No.1807 of 2018 stands modified to the extent that the period of provisional anticipatory bail of the petitioner is hereby extended by four weeks from the date of receipt/production of a copy of this order and the petitioner is further permitted to produce the victim girl before the learned court below on 18th April, 2018 in connection with Sheosagar (Baddi) P.S. Case No. 157 of 2017 pending in the Court of the learned Sub-Judge VII-cum-ACJM, Sasaram, Rohtas.

It is made clear that rest of the conditions for confirming the provisional anticipatory bail of the petitioner will remain the same as incorporated in order dated

Patna High Court Cr.Misc. No.18187 of 2018(2) dt.04-04-2018 3/3 15.1.2018.

This disposes of the modification application. (Dinesh Kumar Singh, J) anil/- U