Patna High CourtCR. MISC./13622/2021allowed

Rekha Devi v. The State Of Bihar

2021-08-04Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13622 of 2021 In CRIMINAL MISCELLANEOUS No.84993 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- SC/ST District- Patna ====================================================== 1.

REKHA DEVI W/o Awadh Narayan Singh @ Awadh Prasad R/o villageDaulatpur, P.S.- Kadirganj, District- Patna 2.

Rinku Devi W/o Mithlesh Prasad @ Mithilesh Prasad R/o villageDaulatpur, P.S.- Kadirganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arbind Kumar Singh For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 04-08-2021 Heard the learned counsel for the appellants / petitioners and the learned Special P.P. for the State. This is an application for modification of the order dated 20.08.2019 passed by a Bench of this Court in Criminal Appeal (SJ) No. 3444/2019 and the order dated 01.07.2020 passed by this Court in Cr. Misc. No. 84993 of 2019.

By order dated 20.08.2019, the appellants / petitioners were directed to be released on bail in the event of their surrendering before the Court below within a particular time.

Patna High Court CR. MISC. No.13622 of 2021(2) dt.04-08-2021 2/3 For some reason or the other, the appellants / petitioners could not surrender and take the benefit of the aforesaid order and approached this Court for extension of time to surrender before the court below.

This court vide order dated 01.07.2020 had extended the time of surrender for a period of six weeks from the date of passing the order of modification. The appellants/ petitioners have come before this Court again with a prayer for further extension of time as the modified order could not be made known to them within time.

Though this is not an acceptable explanation but considering the fact that the appellants / petitioners are ladies, this Court deems it appropriate to grant further time for the appellants / petitioners to surrender before the Court below and take advantage of the order of bail. For the reason aforesaid, the order dated 20.08.2019 passed by a Bench of this Court Criminal Appeal (SJ) No. 3444/2019 and the order dated 01.07.2020 passed by this Court in Cr. Misc. No. 84993 of 2019 are

Patna High Court CR. MISC. No.13622 of 2021(2) dt.04-08-2021 3/3 modified to the extent that if the appellants / petitioners surrender before the court below within a period of four weeks, to be counted from today, they will be accorded the privilege under the order dated 20.08.2019, on the same terms and conditions.

The orders stand modified to the extent indicated above.

The modification application stands disposed of accordingly.

(Ashutosh Kumar, J) sunilkumar/- U T