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Safique Mian vs State Of Bihar & Anr on 16 August, 2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6131 of 2018
Arising Out of PS.Case No. -970 Year- 2011 Thana -WEST CHAM PARAN COMPLAINT District-
WEST CHAMPARAN (BETTIAH)

Safique Mian, son of Late Sharif Mian, Resident of Mohalla- Khodanagar,
P.O.+P.S.- Motihari, Town, District- East Champaran.

…. …. Petitioner/s
Versus

1. The State of Bihar.

2. Hushan Ara, wife of Kaushar Mian, daughter of Arman Mian, Resident o f
Village- Majharia, Mahuawa, P.O. and P.S.- Shikarpur, District- West
Champaran.

…. …. Opposite Party/s

Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, A.P.P.

CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH
ORAL JUDGMENT
Date: 16-08-2018

This application under Section 482 of Code of Criminal

Procedure (for short ‘the Cr.P.C’) has been filed by the petitioner for

quashing of the order dated 20.11.2017 passed by the learned Sessions

Judge, Bettiah in Cr. Misc. No. 140 of 2017 by which the learned

Sessions Judge has rejected the application of the petitioner filed for

extension of period of surrender before the court, vide order dated

28.10.2014 passed in A.B.P. No. 788 of 2014.

2. By order dated 28.10.2014, the petitioner, who is being

prosecuted for the offence punishable under section 498A of the

Indian penal Code, was granted pre-arrest bail with the condition to

furnish bail bond of rupees ten thousand (Rs.10,000/-) with two
Patna High Court Cr.M isc. No.6131 of 2018 dt.16-08-2018

2/2

sureties of like amount each to the satisfaction of the court of

Magistrate within two months. The petitioner failed to appear before

the court in time. He filed an application in the month of November,

2017 for extending the period of two months granted by the court

below for furnishing bail bond which was rejected by the learned

Sessions Judge vide order dated 20.11.2017 passed in Cr. Misc. No.

140 of 2017. The said order dated 20.11.2017 is being challenged in

the present application.

3. The petitioner has not given any plausible explanation as

to why the order passed by the court whereby he was granted bail with

condition to furnish bail bond could not be complied with in time.

4. In my considered opinion, in absence of any valid

ground, if the application for modification of the order filed almost

three years after grant of bail has been rejected, no interference is

warranted by this Court.

5. Accordingly, the application is dismissed.

(Ashwani Kumar Singh, J)
Md.S./-Sanjeev

AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 23.08.2018
Transmission 23.08.2018
Date

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