JYOTI RAJ Vs. STATE OF BIHAR

JUDGEMENT

(1.) The above mentioned Cr. Misc. application has been preferred by Jyoti Raj for modification of the order dated 19.08.2017 passed in Cr. Misc. No. 3154 of 2017, whereby the provisional anticipatory bail granted to O.P. No.2, Alok Bharti, the husband of the petitioner vide order dated 30.09.2016 passed in Cr. Misc. No. 43264 of 2016 was further extended till 30th September, 2017, in connection with Mahua P.S. Case No. 294 of 2016 registered for the offences punishable under Sections 498A, 323, 341, 379, 504/34 of the Indian Penal Code and Sections of Dowry Prohibition Act, with liberty to the learned Court below to confirm the provisional bail on filing affidavit to the effect that the monthly amount of Rs.10,000/- for the period September, 2017 has been paid and that O.P. No.2 will pay the said amount on regular basis. The sole ground for such modification was that the period of provisional bail was extended on the basis of consideration of wrong submissions made on behalf of O.P. No. 2 that the bail bond was not cancelled.

(2.) The above mentioned Cr. Misc. application has been preferred by Alok Bharti for modification of order dated 19.08.2017 passed in Cr. Misc. No. 3154 of 2017 to the extent of extending the period of provisional bail from 30.09.2017 till the final disposal of the application.

(3.) The above mentioned Interlocutory application has been preferred in the Cr. Misc. No.56821 of 2017 application for quashing the order dated 11.07.2017 passed by learned CJM, Vaishali at Hajipur in Mahua P.S. Case No. 294 of 2016, whereby the learned Court below observed that period of provisional bail has lapsed, hence, the bail bond has automatically been cancelled. However, learned counsel for the petitioner seeks permission to withdraw the Interlocutory application.