I.A. No. 2408 of 2017 1. This Interlocutory Application has been preferred by the petitioner for amending the prayer portion in the main application in view of the subsequent development. 2. It appears that initially the petitioner has preferred the writ application challenging the order dated 02.08.2014 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj by which cognizance was taken u/s 406, 420 and 120B of the Indian Penal Code. Subsequently, the order dated 01.02.2017/02.02.2017 was passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj by which the application preferred by the petitioner u/s 317 of the Cr.P.C. has been rejected and non-bailable warrant of arrest has been directed to be issued against her. In view of the subsequent development which had occurred in the case and in order to avoid multiplicity of the proceedings the amendment in the prayer portion of the main application is allowed and I.A. No. 2408 of 2017 be treated as part of the main application. W.P.(Cr.) No. 424 of 2015 3. Heard Mr. Kaushik Sarkhel, learned counsel for the petitioner and Mr. Pran Pranay, learned J.C to S.C. II for the respondent-state. 4. In this application the petitioner had initially prayed for quashing of the order dated 02.08.2014 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Sadar (T) P.S. Case No. 568 of 2012, corresponding to G.R. Case No. 2210 of 2012 whereby and whereunder cognizance have been taken for the offences punishable u/s 406, 420 and 120B of the Indian Penal Code. Further prayer has been made for modifying the order dated 27.05.2015 passed by the learned Chief Judicial Magistrate, Palamau whereby and whereunder while granting bail to the petitioner it has been indicated that the petitioner shall remain physically present on each and every date till disposal of the case except special circumstances. By virtue of allowing of I.A. No. 2408 of 2017 the petitioner has also challenged the order dated 01.02.2017/02.02.2017 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj by which the application preferred by the petitioner u/s 317 of the Cr.P.C. has been rejected and non-bailable warrant of arrest has been directed to issued against her. 5. At the outset it has been submitted by the learned counsel for the petitioner that he is not pressing the application with respect to quashing of the order taking cognizance for the present. 5. At the outset it has been submitted by the learned counsel for the petitioner that he is not pressing the application with respect to quashing of the order taking cognizance for the present. 6. It has been submitted by the learned counsel for the petitioner that the petitioner is suffering from cancer in the uterus and is undergoing specialized treatment. Learned counsel for the petitioner submits that on account of the ailment suffered by the petitioner she was unable to appear on 02.02.2017. It has been submitted that in the order granting bail the petitioner was exempted to surrender in special circumstances and such being the special circumstance the petitioner had filed an application u/s 317 of the Cr.P.C., which however was rejected by the learned trial court and non-bailable warrant of arrest was directed to be issued against her. It has therefore been submitted that apart from setting aside the order dated 01.02.2017/02.02.2017 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj the conditions in the order 27.05.2015 granting bail to the petitioner be suitably modified in view of the ailment suffered by the petitioner. 7. Learned J.C to S.C. II for the respondent-state has opposed the prayer made by the petitioner. 8. It appears that the petitioner is an accused in a case instituted u/s 406, 420 and 120B of the Indian Penal Code. The petitioner was granted regular bail on 27.05.2015 with a condition that the petitioner shall remain physically present on each and every date till disposal of the case except special circumstances. The case was fixed for appearance and on 02.02.2017 the petitioner was represented through an application u/s 317 of the Cr.P.C. The learned trial court vide order dated 01.02.2017/02.02.2017 has rejected such application and directed issuance of non-bailable warrant of arrest against the petitioner. Various medical prescriptions have been brought on record to suggest that the petitioner is suffering from cancer in the uterus and is getting specialized treatment in the hospital. Such circumstance, therefore, definitely entails the petitioner to modification in the order granting bail as well as to the impugned order dated 01.02.2017/02.02.2017. 9. Various medical prescriptions have been brought on record to suggest that the petitioner is suffering from cancer in the uterus and is getting specialized treatment in the hospital. Such circumstance, therefore, definitely entails the petitioner to modification in the order granting bail as well as to the impugned order dated 01.02.2017/02.02.2017. 9. In such view of the matter, therefore, the order dated 27.05.2015 passed by the learned Chief Judicial Magistrate, Palamau in connection with Sadar (T) P.S. Case No. 568 of 2012, corresponding to G.R. Case No. 2210 of 2012 is modified to the extent that instead of remaining physically present on each and every date till disposal of the case except special circumstances the petitioner shall make herself available before the learned trial court as and when directed by the learned trial court who shall also taken into consideration the ailment of the petitioner. 10. So far as the order dated 01.02.2017/02.02.2017 is concerned, taking a considerate view of the ailment of the petitioner the impugned order 01.02.2017/02.02.2017 passed by the learned Chief Judicial Magistrate, Palamau at Daltonganj in connection with Sadar (T) P.S. Case No. 568 of 2012, corresponding to G.R. Case No. 2210 of 2012 is, hereby, quashed and set aside. The petitioner shall continue to be represented u/s 317 of the Cr.P.C. and physically presence shall be made as and when directed by the learned court below as has been indicated while modifying the order dated 27.05.2015. 11. This application stands disposed of with the aforesaid directions and observations. Pending I.A. if any, also stands disposed of.