IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29048 of 2026 In CRIMINAL MISCELLANEOUS No.50943 of 2025 Arising Out of PS. Case No.-856 Year-2021 Thana- PATNA COMPLAINT CASE District- Patna ====================================================== Shams Tabrez S/o Nehal Khan R/O-Jamshedpur Jugsalaye Gauri Shankar Road, Pahalvan Road, District- East -Singhbhum, Jharkhand ... ... Petitioner/s Versus 1. The State of Bihar 2. Nilofar Khanam D/o Akhtar Khan R/o C 36, Indrapuri, Samanpura, Raza Bazar, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 3 19-06-2026 No one appears on behalf of the petitioner. Mr. Humayou Ahmad Khan, learned A.P.P. for the State is present. 2. I find from the modification application that the petitioner has sought for modification of the condition contained in paragraph no. 15 of the order dated 17.01.2026 passed in Criminal Miscellaneous No. 50943 of 2025, but has not given any information, as to whether, after the said date, he has appeared before the learned District Court. Merely giving information that he could not appear on 19.02.2026, the date fixed by this Court for appearance of the parties before the learned District Court, cannot be considered that he has taken Patna High Court CR. MISC. No.29048 of 2026(3) dt.19-06-2026 2/2 due diligence to comply with the order dated 17.01.2026. 3. In such circumstances, considering the conduct of the petitioner and the bar contained under Section 403 of the BNSS, I am not inclined to allow the present modification application. 4. Accordingly, the present modification application is dismissed. 5. However, the petitioner may approach the learned District Court for allowing the parties to mediate outside the Court amicably. Niraj/- (Purnendu Singh, J) U T