Anil Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70397 of 2019 In CRIMINAL MISCELLANEOUS No.23683 of 2019 Arising Out of PS. Case No.-383 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== ANIL MAHTO Son of Late Chandradeo Mahto Resident of Village - Narayanpur, P.S.- Ghoshwari, Distt.- Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR.

2.

Renu Devi W/o Anil Mahto, D/o Lapeshwar Mahto Resident of Village - Narayanpur, P.S.- Ghoshwari (Samayagarh), Distt.- Patna, D/o Lapeshwar Mahto, R/o Belchi Bigha, Govindpur, P.S.- Belchi, Distt.- Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 This modification application has been filed for modification of order dated 09.08.2019 passed in Criminal Misc. No. 23683 of 2019, by which the petitioner has been granted the privilege of anticipatory bail with certain observation that " petitioner to surrender by 19.08.2019 and on the condition that he will pay Rs.3000/- per month to opposite party No. 2 for a period of one year and during that period it is expected that opposite party No. 2 shall move for grant of maintenance by filing an application under Section 125 Cr.P.C. and petitioner has to abide by any interim or final order passed in the maintenance case. Till the same is set aside by any higher

Patna High Court CR. MISC. No.70397 of 2019(2) dt.06-11-2019 2/2 Court, the petitioner shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.- III Barh, Patna, in connection with Complaint Case No. 383 ( C) of 2017, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immovable property within the jurisdiction of court concerned".

Submission of learned counsel for the petitioner is that inadvertently petitioner could not appear on the date fixed but he is ready to abide by aforesaid condition if time is extended.

Heard learned A.P.P. also.

Having heard both sides and considering the above facts, this modification application is allowed with direction to the petitioner to surrender by 21.11.2019. Rest part of the order shall remain intact.

It is made clear that no further indulgence will be granted to the petitioner.

(Vinod Kumar Sinha, J) T.Kr./- U T