In an oral order, the Patna High Court disposed of an application to modify a lapsed preliminary anticipatory bail order. The Court noted the bail had expired over three years ago and declined to modify it, instead directing the petitioner to surrender for regular bail subject to cohabitation proof.
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.72936 of 2018
In
CRIMINAL MISCELLANEOUS No.46234 of 2015
Arising Out of PS. Case No.- Year-1111 Thana- District-
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Sujeet Kumar Mahto S/o Dinesh Mahto Resident of Village-Dumri Kothia, P.S. Bngara, Distt.-Samastipur
... ... Petitioner/s
Versus
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Lal Babu Singh For the Opposite Party/s : Mr.Sri Satyendra Narayan Singh
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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 26-06-2019
The present application has been filed for modification of order dated 03.03.2016 passed in Criminal Miscellaneous No. 46234 of 2015 to the extent of extending the period of surrender and executing bail bond.
The factual matrix of the case is that the petitioner, being the husband of the informant, preferred Criminal Miscellaneous No. 46234 of 2015 with a prayer for anticipatory bail in connection with N.H. Bangra P.S. Case No. 04 of 2015 registered for the offences punishable under Sections 498A/313 of the Indian Penal Code, pending in the Court of learned
Patna High Court CR. MISC. No.72936 of 2018(2) dt.26-06-2019 2/3
Judicial Magistrate, Ist Class, Samastipur. The petitioner was granted provisional anticipatory bail for six months vide order dated 03.03.2016 passed in Cr. Misc. No. 46234 of 2015 on the submission made in paragraph 14 of the main petition that the petitioner is ready to keep the informant as wife with full dignity and honour. The provisional bail was to be confirmed by the learned Court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) or if the informant fails to appear before the learned Court below or (iii) or if the informant gets reluctant to reconcile the issue.
It is submitted by learned counsel for the petitioner that the petitioner and the informant are residing together as husband and wife but the petitioner failed to surrender and execute bail bond.
This Court is not inclined to modify the order after more than three years of grant of provisional bail of six months vide order dated 03.03.2016 as the provisional bail got lapsed on 02.09.2016, whereas the present modification application has been registered on 05.12.2018.
Considering the present stand of the petitioner that he is residing with his wife, the informant, let the petitioner surrender before the learned Court and pray for regular bail..
Patna High Court CR. MISC. No.72936 of 2018(2) dt.26-06-2019 3/3
The prayer for bail will be considered by the learned Court below, if the petitioner and informant appear before the learned Court below within four weeks from today with a joint affidavited petition that both are residing together as husband and wife.
Accordingly, this modification application stands disposed of.
(Dinesh Kumar Singh, J)
DKS/-
U T
2 issues framed by the court
Whether the petition for modification of a lapsed preliminary anticipatory bail order should be allowed to extend the period of bail.
Whether the petitioner should be directed to surrender for regular bail after a lapse of over three years from the grant of provisional bail.
Sujeet Kumar Mahto
The State Of Bihar
Rinku Devi
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
