IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29668 of 2010 1RAJIV RANJAN SINHA @ BHOLA son of Ramswaroop Prasad, R/o village Karoobigha, P.S. Nimchak Bathani, Dist. Gaya, at present Resident of Mohalla Kamruddinganj, Town , Biharsharif, P.S. Laheri, Dist. Nalanda …..petitioner. Versus STATE OF BIHAR opp. Party. ----------- 2 11.08.2010 Heard the parties. The present petition has been filed for modification of the order dated 30.4.2010 passed in Cr. Misc. No. 11575 of 2010 whereby the prayer made on behalf of the ppetitioner for grant of anticipatory bail in connection with complaint case no. 1487 ( C )/ 08 pending in the court of learned C.J.M, Nalanda at Biharsharif was disposed of in the following terms; “ In view of the aforesaid fair stand taken by the parties, let the above named petitioner in the event of his arrest or surrender in the court below within a period of four weeks from today, be enlarged on provisional anticipatory bail for a period of two months on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Nalanda at Biharsharif in connection with complaint case no. 1487 ( c ) of 2008, subject to the conditions laid down under section 438 (2) Cr.P.C. Learned court below shall secure the attendance of the complainant on a date fixed by him and shall verify the genuiness and bonafide of the claim of the petitioner, and if the court below is satisfied that petitioner is sincerely willing to keep the complainant as his legally wedded wife, then the parties may be directed to file a joint compromise petition. If such a joint compromise petition is filed, then provisional anticipatory bail granted to the petitioner by this court shall be confirmed. In case of failure, after expiry of the aforesaid two months it will be construed that prayer for anticipatory bail made on behalf of the petitioner has finally been rejected by this court and thereafter petitioner will be obliged to seek regular bail in the present case before the learned judicial Magistrate.” - 2 - Learned counsel for the petitioner submits that in compliance of the aforesaid order dated 30.4.2010 the petitioner surrendered in the court below and he was granted provisional bail for a period of two months but despite endeavor compromise could not be arrived at between the petitioner and the complainant i.e. wife of the petitioner. In terms of aforesaid order passed by this Court and on failure of the petitioner to enter into a compromised with his wife, learned court below by its order dated 12.7.2010 has treated the provisional bail granted to the petitioner to have come to an end on expiry of two months. The order dated 30.4.2010 passed by this court is a self speaking order wherein it has been stipulated that in case of failure to enter into a compromise it would be construed that prayer made on behalf of the petitioner for grant of anticipatory bail has finally been rejected by this Court and the petitioner would be obliged to seek regular bail in the court below on its own merit. In the background set forth above, this court does not find good ground to modify the aforesaid order dated 30.4.2010 passed in Cr. Misc. No. 11575 of 2010. This petition for modification stands rejected. Now the petitioner must surrender in the court below and seek regular bail. ( Birendra Prasad Verma, J. ) M.Rahman