The High Court at Patna dismissed a modification application seeking reconsideration of cancelled bail in a 498A/IPC case. The petitioner argued religious divorce nullified prior bail conditions, but the court refused to interfere, leaving the matter for regular bail proceedings below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14423 of 2014
====================================================== 1. Md. Sarfaraj Alam Son Of Md. Jabbar @ Mallu Mian Resident Of Village Panhar, P.S- Khudaganj, District- Nalanda ( Biharsharif) .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 3 23-04-2014 The present application has been filed for modification of the order dated 04.09.2012 passed in Cr. Misc. No. 32217 of 2012, whereby the petitioner was granted provisional bail for one year in Complaint Case No. 110C of 2012, whereby processes were directed to be issued after cognizance being taken for the offences punishable under Sections 323, 498A, 504/34 of the I.P.C.
The provisional bail of the petitioner was granted on readiness of the petitioner to keep the complainant as wife with full dignity and honour. The provisional bail was to be confirmed on substantial restoration of matrimonial harmony between the parties.
The orders of learned Court below dated 20.09.2012, 08.10.2012, 12.10.2012, 18.01.2013 and 04.02.2013 reflect that complainant was ready to resume the conjugal life but the petitioner failed to appear to take the complainant to keep her with full dignity and honour hence,
Patna High Court Cr.Misc. No.14423 of 2014 (3) dt.23-04-2014
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ultimately vide order dated 11.02.2013 the bail bonds of the petitioner was cancelled.
The petitioner has filed the present
modification application on the ground that subsequently the complainant has been divorced by the petitioner under Muslim rituals.
The aforesaid facts may be considered by learned Court below while considering regular bail of the petitioner. This Court is not inclined to interfere with the present modification application.
Accordingly the modification application is
dismissed.
(Dinesh Kumar Singh, J)
Shageer/-
2 issues framed by the court
Whether the bail application should be modified in light of the petitioner divorcing the complainant via Muslim rituals.
Whether the High Court should interfere with the lower court's cancellation of bail conditions.
Md. Sarfaraj Alam
The State Of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
