Patna High CourtCR. MISC./12371/2023allowed

Md. Amar Ali @ Kamar Ali v. The State Of Bihar

2023-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12371 of 2023 In CRIMINAL MISCELLANEOUS No.46421 of 2022 Arising Out of PS. Case No.-150 Year-2021 Thana- BAHERI District- Darbhanga ====================================================== MD. AMAR ALI @ KAMAR ALI S/O MD. ALI HASAN R/v- Sirsi, P.S.- Khodawandpur, District- Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2023 This modification application has been preferred on behalf of the petitioner to modify the order dated 05.12.2022, passed in Cr. Misc. No.46421 of 2022 submitting that in the aforesaid order granting bail to the petitioner it is presumed that the informant is the wife of the petitioner, but the real fact is that the factum of the marriage of the petitioner with the informant is disputed and also to extend the period of surrender before the learned court below. It is further submitted that the petitioner is a student and living outside, hence, he could not surrender before the learned court below within the stipulated time. Accordingly, the order dated 05.12.2022, passed in Cr. Misc. No.46421 of 2022 is modified to the extent that one line in the submission of learned counsel for the petitioner is added

Patna High Court CR. MISC. No.12371 of 2023(2) dt.22-02-2023 2/2 as "The factum of the marriage of the petitioner with the informant is disputed."

The period of surrender before the learned court below is also extended by four weeks from today, subject to deposit of Rs.2000/- in the Victim Compensation Fund in connection with Baheri P.S. Case No.150 of 2021, pending in the court of learned C.J.M., Darbhanga.

Accordingly, this modification application is allowed. (Anjani Kumar Sharan, J) S.KUMAR/- U T