Patna High CourtCR. MISC./2270/2025allowed

Md Ismail v. The State Of Bihar

2026-07-28Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2270 of 2025 In CRIMINAL MISCELLANEOUS No.55527 of 2023 Arising Out of PS. Case No.-1052 Year-2019 Thana- COMPLAINT CASE District- Supaul ====================================================== Md Ismail S/O Md. Karimulla R/O Village- Lalganj, P.S- Chhatapur, Distt.- Supaul.

... ... Petitioner/s

Versus

The State of Bihar 2.

Chandani Praveen W/O Md. Ismal, D/O Md. Jamil R/O Village at present, Belaedha, Ward No. 09, P.S- Kishanpur, Distt.- Supaul. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Kumar Mehta For the Opposite Party/s :

Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 28-07-2026 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for Opposite Party No. 2.

2. The present application has been filed for modification of the order dated 11.01.2024 passed in Cr. Misc. No. 55527 of 2023, whereby the petitioner was granted the privilege of anticipatory bail subject to the condition contained in paragraph 7 of the said order requiring the petitioner to file an affidavit before the learned court below stating that Opposite Party No. 2 is living with the petitioner.

3. It is submitted on behalf of the petitioner that despite his readiness and willingness to keep Opposite Party No. 2 with full dignity and honour, she has not resumed cohabitation

Patna High Court CR. MISC. No.2270 of 2025(10) dt.28-07-2026 2/2 with the petitioner. It is further submitted that compliance with the aforesaid condition is beyond the petitioner's control, as cohabitation depends upon the willingness of both parties.

4. Having considered the submissions and the materials available on record, this Court finds that the condition contained in paragraph 7 of the order dated 11.01.2024 has become incapable of compliance for reasons not attributable to the petitioner. The continuance of such a condition would, therefore, serve no useful purpose.

5. Accordingly, the modification application is allowed. The condition contained in paragraph 7 of the order dated 11.01.2024 passed in Cr. Misc. No. 55527 of 2023 is hereby deleted.

6. All other terms and conditions of the order dated 11.01.2024 shall remain unaltered.

(Sandeep Kumar, J) Tusharika/- U