IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40118 OF 2009 KABUL KHAN @ SK. MAHTAB ALAM, SON OF SK. JAMALUDDIN, RESIDENT OF VILLAGE BADHNAUL, POLICE STATION DAWATH, DISTRICT ROHTAS VERSUS 1. THE STATE OF BIHAR 2. THE SUPERINTENDENT OF POLICE, ROHTAS AT SASARAM ……………………………………………………………………OPPOSITE PARTIES ********* 4 23/02/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner has challenged the order dated 01.04.2009 by which his application under Section 317 of the Code of Criminal Procedure has been rejected. The petitioner was granted bail by this Court in the year 2007 with condition that he should appear on each and every date. Learned Counsel for the petitioner submits that the petitioner had appeared on each and every date except on 01.04.2009. On 01.04.2009, he filed an application under Section 317 of the Code of Criminal Procedure on the ground that he had to take his wife for treatment since she was very ill. Apparently, the wife of the petitioner was suffering from cancer and she died on 08.09.2009. As a result of which, the petitioner could not appear before the Court below being the only male member who had to look after his wife. The order dated 01.04.2009 cannot said to be illegal as there was specific direction of this Court that the petitioner should 2 appear on each and every date. However, the fact remains that nobody can foresee the future and there are things which are beyond the control of human beings. It is a fact that the petitioner’s wife was suffering from cancer and had to be treated for the disease, and is ordinarily very relevant and a good ground for allowing the application under Section 317 of the Code of Criminal Procedure. The bar lay in the order of this Court which the petitioner ought to have got modified. The circumstances under which the petitioner could not appear before the Court as directed by this Court cannot be considered a deliberate attempt to flout the orders of this Court, I think it would serve the cause of justice if the petitioner would surrender before the Court of Additional Sessions Judge, Fast Track Court No. IV, Rohtas at Sasaram within a period of three weeks from today who would grant bail to the petitioner considering that he had already been granted bail on merits. This application is disposed of with the aforesaid observations and directions. Let a copy of this order be communicated to the Additional Sessions Judge, Fast Track Court No. IV, Rohtas at Sasaram in connection with Sessions Trial No. 95 of 2006 through fax at the cost of the petitioner. Anand ( Sheema Ali Khan, J.)