Dr. Rajan Raj @ Dr. Rajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14756 of 2021 In CRIMINAL MISCELLANEOUS No.65469 of 2019 Arising Out of PS. Case No.-222 Year-2019 Thana- SHRIKRISHNAPURI District- Patna ====================================================== DR. RAJAN RAJ @ DR. RAJAN S/O VIRENDRA KUMAR SRIVASTAVA @ BIRENDRA PRASAD R/O MOHALLA-KAGZI MOHALLA, P.SSIWAN TOWN, DISTRICT-SIWAN. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MADHUMITA RAI D/O BIJAN KUMAR RAI, W/O DR. RAJAN RAJ R/O MOHALLA-PANDAPARA ROAD, P.S-KOTWALI, DISTRICTJALPAIGURI, STATE-WEST BENGAL, AT PRESENT RESIDING AT FLAT NO.503, MAA BHAGWATI COMPLEX, BORING ROAD INTERSECTION, P.S-SRI KRISHNAPURI, DISTRICT-PATNA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 03-03-2021 The present petition has been filed for modification of the order dated 06.03.2020 passed in Criminal Miscellaneous No. 65469 of 2019, to the extent that the time period granted to the petitioner for surrendering before the learned court below, in order to avail the privilege of anticipatory bail upon complying with certain conditions, be extended.

The learned counsel for the petitioner submits that the petitioner has already deposited a sum of

Patna High Court CR. MISC. No.14756 of 2021(2) dt.03-03-2021 2/3 Rs.4,00,000/- in the account of the opposite party no. 2 and has handed over the jewellery to the opposite party no. 2, however, there has been some delay in doing so inasmuch as the time stipulated in the memorandum of settlement has been prescribed as four weeks. It is submitted that there is no deliberate laches on the part of the petitioner in not depositing the aforesaid amount of Rs. 4,00,000/- or handing over the jewellery to the opposite party no. 2 within the stipulated time frame of four weeks, hence, the said time frame be extended.

Having regard to the facts and circumstances of the case, the time period stipulated for depositing a sum of Rs. 4, 00,000/- and handing over the jewellery to the opposite party no. 2, stands extended appropriately, in view of the fact that the amount in question has already been paid and the jewellery has also been handed over to the opposite party no. 2.

The order dated 06.03.2020 passed in Criminal Miscellaneous No. 65469 of 2019 stands

Patna High Court CR. MISC. No.14756 of 2021(2) dt.03-03-2021 3/3 modified to the aforesaid extent, however, with liberty to the learned court below to proceed in accordance with law, as per the earlier order of this Court dated 06.03.2020, read with the present order.

(Mohit Kumar Shah, J) Ajay/- U T