Dharmendra Sah @ Dharmendra Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13282 of 2021 In CRIMINAL MISCELLANEOUS No.18457 of 2020 Arising Out of PS. Case No.-269 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

DHARMENDRA SAH @ DHARMENDRA KUMAR SAH Son of Late Rambadan Sah @ Rambachan Sah @ Ladu Sah Resident of Village- Siktia, P.S.- Maharajganj, District- Siwan.

2.

Manti Devi @ Malti Devi @ Malti Kumari Wife of Dharmendra Kumar Sah Resident of Village- Siktia, P.S.- Maharajganj, District- Siwan. 3.

Fulkunwar Kunwar @ Fukunwar Devi Wife of Late Rambadan Sah @ Rambachan Sah @ Ladu Sah Resident of Village- Siktia, P.S.- Maharajganj, District- Siwan.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Kumar Mishra For the Opposite Party/s :

Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-07-2021 Heard learned counsel for the petitioners and learned counsel for the State through virtual mode.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

The present application has been filed for modification of the order dated 17.08.2020 passed in Cr. Misc. No. 18457 of 2020 by which the petitioner nos. 2 and 3 were granted anticipatory bail in connection with Maharajganj P.S. Case No. 269 of 2019 to the satisfaction of learned A.C.J.M. -V, Siwan and the petitioner nos. 2 and 3 were directed to surrender in the Court below within a period

Patna High Court CR. MISC. No.13282 of 2021(2) dt.28-07-2021 2/2 of six weeks and the application in respect of petitioner no. 1 namely Dharmendra Sah @ Dharmendra Kumar Sah was dismissed as withdrawn.

Learned counsel for the petitioners submits that due to some unavoidable reasons the petitioner nos. 2 and 3 could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioners that further time may be extended so that the petitioner nos. 2 and 3 could surrender in the Court below.

Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender of petitioner nos. 2 and 3 in the Court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same. The order dated 17.08.2020 passed in Cr. Misc. No. 18457 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T