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Patna High Court

Muslim Mian @ Moslim Miyan @ Muslim Mian MansooriversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court confirmed the provisional bail and modified the earlier order, allowing the petition.

Summary

The petitioner, Muslim Mian Mansoori, filed a petition in 2024 seeking modification and confirmation of a provisional bail order dated 22 January 2020, which had been granted in a criminal miscellaneous case from 2019. The petitioner asserted that he had complied with all conditions imposed by the court and that the informant, Sanjhan Khatoon, was now residing with him in her matrimonial home, indicating a settlement between the parties. The informant did not contest these facts and confirmed the settlement. The court, after considering the compliance and the parties' agreement, confirmed the provisional bail and modified the earlier order accordingly. Consequently, the petition for modification was allowed.

Issues considered

  • Whether the provisional bail granted on 22 January 2020 should be confirmed and the order modified in view of the petitioner's compliance and the settlement between the parties.

Subjects

  • provisional bail
  • bail modification
  • settlement
  • criminal miscellaneous
  • court order confirmation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75819 of 2024
                                              In
                              CRIMINAL MISCELLANEOUS No.85692 of 2019
                  Arising Out of PS. Case No.-10 Year-2019 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Muslim Mian @ Moslim Miyan @ Muslim Mian Mansoori S/o- Ishrayal
                 Miyan Resident of village-Pokhariya PS- Shikarpur District- West Champaran

                                                                                 ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar
           2.    Sanjhan Khatoon W/o- Muslim Mian @ Moslim Miyan @ Muslim Mian
                 Mansoori, D/o- Haneef Miyan Village- Pokhariya Ps- Shikarpur Dist- West
                 Champaran, P/A- Jaitapur Ps- Palanwa Dist- E.Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner          :       Mr. Brajesh Kumar Singh, Advocate
                 For the State               :       Mr. Ramesh Chandra, APP
                 For the Informant           :       Mr. Umesh Chandra Verma, Advocate
                                                     Mr. Sharad Kumar Verma, Advocate
                                                     Mr. Hemant Ray, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   09-01-2026                        Heard learned counsel for the petitioner, learned

                   A.P.P.     for      the       State   and      learned   counsel      for    the

                   informant/Opposite Party No. 2.

                                2. This petition has been filed for modification of

                   order dated 22.01.2020 passed in Cr. Misc. No. 85692 of 2019

                   by this Court, whereby this Court has granted provisional bail to

                   this petitioner.

                                3. At the outset, learned counsel appearing on behalf

                   of the petitioner submits that petitioner has complied with all the

                   terms and conditions passed by this Hon’ble Court vide order
             Patna High Court CR. MISC. No.75819 of 2024(3) dt.09-01-2026
                                                         2/2




                       dated 22.01.2020 in Cr. Misc. No. 85692 of 2019 and the

                       informant/Opposite Party No. 2 is now living in her matrimonial

                       house with this petitioner. Learned counsel for the petitioner

                       thus seeks for confirmation of the provisional bail granted to the

                       petitioner.

                                     4. Learned counsel for informant/Opposite Party No.

                       2 does not dispute the contentions raised on behalf of the

                       petitioner and confirms the fact regarding settlement between

                       the parties.

                                     5. In view of aforesaid facts and circumstances, the

                       provisional bail granted to petitioner vide order dated

                       22.01.2020 passed in Cr. Misc. No. 85692 of 2019 is hereby

                       confirmed.

                                     6. Accordingly, the order dated 22.01.2020 passed in

                       Cr. Misc. No. 85692 of 2019 is modified to the above extent and

                       this modification petition stands allowed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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