Kamlesh Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1672 of 2024 In CRIMINAL MISCELLANEOUS No.27120 of 2021 Arising Out of PS. Case No.-575 Year-2020 Thana- MAJHAULIA District- West Champaran ====================================================== KAMLESH PASWAN SON OF BINDA PASWAN RESIDENT OF VILLAGE - PURUSHOTTAMPUR, POLICE STATION - MAJHAULIA, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
GEETA DEVI WIFE OF KAMLESH PASWAN, DAUGHTER OF SREE PASWAN RESIDENT OF PURUSHOTAMPUR, POLICE STATION - MAJHAULIA AT PRESENT RESIDENT OF VILLAGE - GODDA SEMARA, POST - KATHAIYA, POLICE STATION - MAJHAULIA, DISTRICT - WEST CHAMPARAN (NOW DIED) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Kumar Dwivedy, Adv.
For the Opposite Party/s :
Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.
This modification application is filed for modification of the order dated 04.04.2022 passed in Cr. Misc. No.27120 of 2021, whereby the petitioner was released on provisional bail for a period of six months, which was to be confirmed on fulfilling one of the conditions imposed in the said order. 3.
It is submitted by learned counsel for the petitioner that in the said order, there were certain conditions like restoration of matrimonial harmony etc., upon fulfilling of which, the
Patna High Court CR. MISC. No.1672 of 2024(2) dt.12-01-2024 2/2 provisional bail of the petitioner was directed to be confirmed but unfortunately, the Opposite Party No.2 (wife of the petitioner) died in a road accident on 11.05.2022, as such, those conditions cannot be fulfilled. Therefore, learned counsel for the petitioner prays to confirm the provisional bail of the petitioner. 4.
Having considered the above circumstances, the provisional bail granted to the petitioner vide order dated 04.04.2022 passed in Cr. Misc. No.27120 of 2021, in connection with Majhaulia P.S. Case No.575 of 2020, is hereby confirmed, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
5.
This modification application is accordingly disposed of. (Anjani Kumar Sharan, J) pallavi/- U T