IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23824 of 2011 SAKIL AHMAD, S/O UBEDUR RAHMAN, R/O VILLAGE- BATH ASALI, P.S.-NANPUR, DISTRICT-SITAMARHI. ………PETITIONER. Versus 1. THE STATE OF BIHAR THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF BIHAR, PATNA. 2. SHAMA PRAVEER, D/O SAMIUR RAHMAN, R/O VILLAGE AND P.O.-POKHRAIRA, P.S.-NANPUR, DISTRICT-SITAMARHI.…………OPPOSITE PARTIES. ----------- 3 27.07.2011 This application has been filed for modification of the order dated 26.03.2011 passed in Cr.Misc. No.43587 of 2010. Learned counsel appearing for the petitioner submits that though the petitioner had taken a ground of effective divorce before the court below, but since the said ground was neither taken in the bail petition filed before this Court nor submitted by learned counsel appearing in the case the same was not noticed by this Court while disposing of the Criminal Miscellaneous Application. He submits that the said ground of the petitioner may be noticed so that the petitioner may get advantage of the same in the court below. This Court is unable to do so. The Criminal Miscellaneous Application was 2 disposed of on the basis of pleadings made in the application and submissions made by learned counsels. There is no error of fact on that count in the order disposing of the application. Therefore, there is no merit in this application and the same is dismissed. Arvind/ ( J.N. Singh, J.)