IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.236 of 2024 ------ Md. Sakil Ahmad @ Sakeel Ahmad Ansari @ Sakil Ahmad Ansari, aged about 33 years, son of Md. Mohktar Ahshan, resident of 206/G, Kabir Nagar, Main Road, PO: Kapali, PS: Chandil, District- Seraikella-Kharsawan … Petitioner Versus 1. The State of Jharkhand 2. Naziya Parween, wife of Md. Shakil Ahmad Ansari and daughter of Late Md. Iftekhar Ansari, resident of Village: Kutte, PO & PS: Sikidri, District- Ranchi … Opposite Parties ------ CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Ashim Kr. Sahani, Advocate For the State : Mr. Vineet Kr. Vashistha, Addl.P.P. For the O.P. No.2 : None ------ Order No:-04 Dated:-28-03-2025 Heard the parties. This criminal miscellaneous petition has been filed by the petitioner with a prayer for modification of the order dated 15.12.2023 passed in A.B.A. No.7974 of 2023. No one turns on behalf of the opposite party no.2, in spite of repeated calls. It is submitted by the learned counsel for the petitioner that vide order dated 15.12.2023 passed in A.B.A. No.7974 of 2023, the petitioner was given the privileges of anticipatory bail and directed to surrender before the court below; then the petitioner and the opposite party No.2 both agreed to appear before the court below on 22.01.2024 and the petitioner was directed to take the opposite party No.2 to his house and to keep and maintain her with full honour and dignity as his lawful wife. It is next submitted that due to some unavoidable circumstance, the petitioner could not appear before the court below on 22.01.2024. It is next submitted that the petitioner is still ready and willing to resume conjugal life with the opposite party No.2 and is ready and willing to surrender before the learned court below and unless the order dated 15.12.2023 passed in A.B.A. No.7974 of 2023, is modified, the petitioner will be highly prejudiced. Hence, it is submitted that the order dated 15.12.2023 passed in A.B.A. No.7974 of 2023 be modified accordingly. Considering the facts of the case and the submission of the learned counsel for the petitioner, the prayer for modification of the order dated 15.12.2023 passed in A.B.A. No.7974 of 2023 is allowed. Accordingly, the operative portion of the order dated 15.12.2023 passed in A.B.A. No.7974 of 2023 is modified to the following extent:- “Considering the submissions of learned counsels and the facts and circumstances stated above, I am inclined to grant privileges of anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender in the Court below on 09.06.2025 and in case the petitioner surrenders before the learned trial court on 09.06.2025, he will be enlarged on bail on taking the opposite party No.2 to his house with an undertaking that he will keep and maintain her with full honour and dignity as his lawful wife and on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi in connection with Complaint Case No.313 of 2022 with the condition that the petitioner will cooperate with the trial of the case subject to the conditions laid down under section 438 (2) Cr. P.C. In case the opposite party No.2 does not appear in the learned court below on 09.06.2025 or refuses to resume conjugal life with the petitioner, still the petitioner shall be enlarged on bail on 09.06.2025 on furnishing bail bond of Rs.25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Ranchi in connection with Complaint Case No.313 of 2022 with the condition that the petitioner will cooperate with the trial of the case with further condition that he will resume conjugal life with the opposite party No.2 if and when the opposite party No.2 joins him for resuming the conjugal life and keep and maintain her with dignity and honour as his lawful wife and subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.” Petitioner is directed to intimate the opposite party No.2 named above about this order. The order dated 15.12.2023 passed in A.B.A. No.7974 of 2023 is modified to the aforesaid extent only. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) Animesh/