IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19234 of 2011 Reyaz Hussain @ Reyaz Ahmad Versus The State Of Bihar & Anr. ----------- For the Petitioner : Mr. Sajid Salim Khan, Advocate for the O.P. No.2 : Mr. Kishore Thakur, Advocate ............ 2 06.07.2011 Heard learned counsel for the petitioner and opposite party no.2. No one appears for the State. By filing this application, the petitioner seeks modification in the order dated 4.5.2011 as well as 13.1.2011 passed in Cr. Misc. No.886 of 2011 for directing the petitioner to surrender within three weeks. By order dated 13.1.2011, petitioner was permitted to implead the complainant as opposite party no.2 and notices were issued upon her. Petitioner was granted provisional anticipatory bail subject to the condition that he was expected to surrender within three weeks. The matter was heard on many dates and provisional anticipatory bail was extended time to time and lastly, on 4.5.2011, provisional anticipatory bail earlier granted to the petitioner was made absolute 2 subject to the other conditions as stated in the aforesaid order. Learned counsel for the petitioner submits that due to communication gap between the petitioner and the counsel, the factum of direction for surrender of petitioner within three weeks could not be known to the petitioner and as such even after getting provisional anticipatory bail. Now, even though the provisional anticipatory bail granted earlier has been made absolute under order dated 4.5.2011 passed in Criminal Misc. No.886 of 2011, he cannot surrender without modification of the aforesaid order. No one appears on behalf of the State to oppose the petitioner and learned counsel appearing for opposite party no.2 raises no objection in this regard. In above view of the matter, the date of surrender is further extended by three weeks from today. Let the petitioner surrender within the aforesaid period of three weeks. However, he will be only released after complying all the conditions which have been laid down in the order dated 4.5.2011 passed in Cr. Misc. No.886 of 2011. 3 The aforesaid order dated 4.5.2011 passed in Cr. Misc. No.886 of 2011 stands modified to the extent as indicated above. Accordingly, this application stands disposed of. Sanjay-II (Dr. Ravi Ranjan, J.)