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Patna High CourtCR. MISC./13304/2021allowed

Rajbir Kumar v. The State Of Bihar

2021-07-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13304 of 2021 In CRIMINAL MISCELLANEOUS No.13885 of 2020 Arising Out of PS. Case No.-709 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RAJBIR KUMAR Son of Tameshwar Singh Resident of Village - Ghorpithiya, P.S.- Ghorpithiya, District - Bhagalpur at present tenant C/o Subodh Jaiswal opposite Banti Jewellars, Chitkohra, P.S.- Gardanibagh, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Simran Prakash Wife of Rajveer Kumar Daughter of Sri Om Prakash, Resident of Lal Mandir, Anishabad, P.S.- Gardanibagh, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

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

Learned counsel for the petitioner 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 29.06.2020 passed in Cr. Misc. No. 13885 of 2020 by which the petitioner was granted anticipatory bail in connection with Complaint Case No. 709C of 2019 to the satisfaction of learned Chief Judicial Magistrate,

Patna High Court CR. MISC. No.13304 of 2021(2) dt.28-07-2021 2/2 Patna and the petitioner was directed to surrender in the Court below within a period of six weeks.

Learned counsel for the petitioner submits that due to some unavoidable reasons he could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioner that further time may be extended so that the petitioner could surrender in the Court below. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner 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 29.06.2020 passed in Cr. Misc. No. 13885 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T