IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20709 of 2011 Raj Kumar Versus The State Of Bihar ----------- 03. 29.08.2011 The present application was filed for modification of the order dated 11.04.2011 passed in Cr. Misc. No. 4452 of 2011 to the extent of directing the court below to finally accept the bail bond. The petitioner was granted anticipatory bail on 11.04.2011 vide Cr. Misc. No. 4452 of 2011 on following terms:- “Considering the aforesaid stand, the petitioner, above named, is directed to be released on anticipatory bail in the event of arrest or surrender before the learned court below within a period of 12 weeks from today in connection with Complaint Case No. 1778(C) of 2010 on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Patna, subject to the conditions as laid down under Section 438(2) of the Code of 2 Criminal Procedure. The bail bond of the petitioner will be provisionally accepted, when both the petitioner and the Complainant will appear before the learned court below once in every two months for consecutive three occasions and when the learned C.J.M. will be satisfied that the matrimonial harmony is substantially restored, then the bail bond will be finally accepted”. It appears that the complaint was filed on 28.06.2010 levelling accusations under Sections 498A, 354, 384 and 420 of the Indian Penal Code but subsequent to the grant of bail on 11.04.2011 the mother of the complainant lodged Dhanarua P.S. Case No. 140 of 2011 levelling accusation under Section 498A of the Indian Penal Code, in which the petitioner was arrested on 30.04.2011. Though in compliance to the order dated 11.04.2011 passed in Cr. Misc. No. 4452 of 2011, the petitioner took the complainant to her matrimonial house. In the police case, learned Additional Sessions 3 Judge-1st, Patna, granted bail to the petitioner on 16.06.2011 vide B.P. No. 1871 of 2011, but restrained the learned court below to issue release order in the following terms:- “That the concerned Court shall not issue release order before 29.06.2011 till the petitioner is produced before it and the question of confirmation of bail in the Complaint Case No. 1778(c) of 2010 is considered by the concerned court in accordance with the order dated 11.04.2011 passed by the Hon’ble High Court in Cr. Misc. No. 4452 of 2011.” Consequently, this Court vide order dated 06.08.2011 passed in the present modification application directed the learned court below to accept the bail bond of the petitioner, provisionally for a period of six month. Consequently, the petitioner was released in the police case. In view of the fact that the opposite party no.2 deliberately violated the conditions of the order dated 11.04.2011 passed in Cr. Misc. No. 4452 of 2011 by lodging the police case with the same accusation on 4 24.04.2011 within 15 days of the grant of bail in the complaint case, no useful purpose would be served in directing the petitioner to comply the directions, dated 11.04.2011 passed in Cr. Misc. No. 4452 of 2011, as quoted above. Hence, learned court below is directed to finally accept the bail bond of the petitioner in connection with Complaint Case No. 1778(C) of 2010. The order dated 11.04.2011 passed in Cr. Misc. No. 4452 of 2011 stands modified to the extent as indicated above. Accordingly, the modification application is allowed. Amrendra/ (Dinesh Kumar Singh, J)