BINDA RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) The present application was initially filed under Sec. 439 and 440 of the Code of Criminal Procedure (hereinafter referred to as Cr.P.C). However, taking into account the relief sought for in this application, a co-ordinate bench of this court on 20/1/2020 allowed learned counsel to convert this application into an application under Sec. 482 of Cr.P.C. Pursuant to the said order necessary corrections in the application has been made by the learned counsel for the petitioner and a supplementary affidavit has also been filed to that effect. The same is kept on record. On 12/11/2020 again this matter was taken up by another co-ordinate bench of this court and an order for issuance of notice to Opposite Party No.2 (Complainant) was passed. From perusal of office note dtd. 11/2/2021, it appears that notices have been validly served upon the O.P. No. 2. However, when the matter is being taken up today nobody has appeared on behalf of O.P. No. 2.

(3.) The petitioner in this application seeks quashing of one of the conditions imposed upon him by the court of learned Sessions Judge, Gopalganj in order dtd. 3/4/2018 passed in B.P.No.250 of 2018. The learned court below vide the aforesaid order granted bail to the petitioner and has imposed a condition, requiring him to continue paying a sum of Rs.5000.00 to the complainant, failing which the petitioner will not avail the privilege of bail and the complainant will have a right to file an application for cancellation of bail.