Patna High CourtCR. MISC./84962/2019dismissed

Suresh Kumar Prasad v. The State Of Bihar

2020-02-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84962 of 2019 In CRIMINAL MISCELLANEOUS No.73287 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- MAHILA P.S. District- Saran ====================================================== SURESH KUMAR PRASAD Son of Lalita Prasad Resident of VillageNatwar Gopi, P.S.- Manjhi, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-02-2020 Earlier petitioner was granted conditional bail by order dated 19.11.2019 passed by this Court in Cr.Misc.No. 73287 of 2019 on the following terms :

"In view of above facts and circumstances and also considering the stand of the parties, let petitioner surrender in the court below on 4.12.2019, on that day the informant shall also remain present in court. On filing an affidavit by the petitioner that he is ready to keep her with dignity and care and will take her from the court itself, learned court below shall release the petitioner on provisional bail with direction to them to appear before the court below on every two months, so that the court may watch their conduct and marital relationship and once the court is satisfied with the same specially the conduct of

Patna High Court CR. MISC. No.84962 of 2019(2) dt.26-02-2020 2/2 the petitioner, the bail bonds of the petitioner shall be confirmed, otherwise the court is free to pass any other order(s) as it may deem fit and proper, including cancellation of bail bonds of the petitioner."

Petitioner was directed to surrender in the court below on 4.12.2019 and submission of learned counsel for the petitioner is that he is an army personnel and he could not get leave, as such he could not surrender in this case. However, it appears from the record that order has been passed in presence of learned counsel for the petitioner and petitioner was directed to surrender on 4.12.2019.

In such view of the matter, I am not inclined to interfere with the order passed earlier by this Court. Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T