Pradeep Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24864 of 2023 In CRIMINAL MISCELLANEOUS No.8294 of 2022 Arising Out of PS. Case No.-131 Year-2019 Thana- COMPLAINT CASE District- Banka ====================================================== Pradeep Choudhary S/O Girish Choudhary Resident Of Village- Gokula, P.S.- Bandhuwakurawa, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Jha For the Opposite Party/s :

Mr.Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. None appears on behalf of the informant.

The present petition has been filed for modification of the order dated 07.12.2022 passed in Cr. Misc. No. 8294 of 2022 to the extent of extending the period of surrender.

It is submitted by learned counsel for the petitioner that the bail bonds of the petitioner was to be accepted by the learned Court below on showing receipt of deposit of Rs. 3000/- in the account of the informant

Patna High Court CR. MISC. No.24864 of 2023(3) dt.10-05-2023 2/3 but the petitioner could not comply the order of this Court since the informant failed to provide details of her account number in spite of her undertaking before this Court that she would provide bank details to the petitioner. Hence, the bail bonds of the petitioner could not be accepted.

It appears that on earlier occasion, the counsel for the informant had appeared before this Court but he could not satisfy this Court as to why the bank details of the informant is not being provided to the petitioner. Hence, the petitioner was directed to file supplementary affidavit with a prayer to modify the order with respect to deposit of Rs. 3000/- in the account of the informant and in pursuance to the direction of this Court, the petitioner has filed the supplementary affidavit. Today, when the case was called for, none appeared on behalf of the informant.

In the facts and circumstances of the case, the petitioner is directed to deposit Rs. 3000/- per month to

Patna High Court CR. MISC. No.24864 of 2023(3) dt.10-05-2023 3/3 the Nazarat of the concerned Court below. The petitioner is also directed to deposit the arrears of the amount of Rs. 3000/- which was directed vide order 07.12.2022 to be deposited from the month of December, 2022. The Court below is directed to accept the bail bonds of the petitioner on showing receipt of up-to-date payment of maintenance amount as directed by this Court including the balanced arrears amount.

On the ground mentioned in the modification petition, the same is allowed. The period of surrender is further extended for a period of four weeks from today. The order dated 07.12.2022 passed in Cr. Misc. No. 8294 of 2022 is modified to the extent as indicated above.

Accordingly, the petition stands allowed.

(Sunil Kumar Panwar, J) Shageer/- U T