Abha Kumari @ Aabha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9388 of 2021 Arising out of CRIMINAL MISCELLANEOUS No.3379 of 2020 Arising Out of PS. Case No.-233 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== ABHA KUMARI @ AABHA KUMARI W/o Muntun Sahni, D/o Birendra Sahni Resident of Village- Bhalui Khan, P.S.- Sahebganj, DistrictMuzaffarpur, At present resident of Village- Kesharinagar, Ward No. -2, Barka Gaon, P.S.- Karza, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-02-2021 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The instant modification application has been filed praying for modification of the order dated 6.3.2020 passed in Cr. Misc. no. 3379 of 2020 by which while granting anticipatory bail in connection with Karja P.S. Case no. 233/2019 the petitioner had been directed to surrender in the Court below within a period of six weeks.

It is submitted by learned counsel for the petitioner that the petitioner being a lady could not surrender within the stipulated period as directed by the Court because of the COVID-19 pandemic lock down and as such the prayer in the

Patna High Court CR. MISC. No.9388 of 2021(2) dt.04-02-2021 2/2 instant application.

On perusal of the record it transpires that the petitioner was granted bail vide order dated 6.3.2020 passed in Cr. Misc. no. 3379 of 2020 directing the petitioner to surrender in the Court below within six weeks. The petitioner not having surrendered within the period fixed, filed an application for modification which was allowed vide order dated 1.7.2020 passed in Cr. Misc. no. 21181 of 2020 and the earlier order was modified extending the period for the petitioner to surrender by a further six weeks. The petitioner has once again chosen not to surrender inspite of the modified/extended period of six weeks and has filed the instant application for modification of the order granting bail for the second time.

The Court is not inclined to entertain the petition and the same is rejected.

(Partha Sarthy, J) Prakash/- U