Shiv Nandan Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11099 of 2015 ======================================================

1. Shiv Nandan Yadav son of Late Loungi Yadav

2. Mahendra Yadav @ Mahendra Gope, son of Late Loungi Yadav

3. Bachchi Devi wife of Mahendra Yadav

4. Sona Devi wife of Shiv Nandan Yadav

5. Kaushalya Devi wife of Deo Yadav @ Deo Nandan Yadav

6. Gayatri Devi wife of Late Sudhir Yadav as wrongly written and the correct name of husband is Late Bakil Yadav

7. Kari Devi wife of Budhu Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Mishra, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-04-2015 Heard learned counsels for the petitioners and the State.

The present application has been filed for modification of the order dated 25.09.2014 passed in Criminal Miscellaneous No.24128 of 2014 to the extent that the period of surrender may be extended.

It appears that the petitioners were granted anticipatory bail vide order dated 25.09.2014 passed in Criminal Miscellaneous No.24128 of 2014 and the bail bond was to be furnished within four weeks, but the same could not be furnished. Thereafter, a modification application was filed being Criminal Miscellaneous No.45563 of 2014 with a prayer to

Patna High Court Cr.Misc. No.11099 of 2015 (2) dt.02-04-2015 2/2 extend the period of surrender and correcting the husband's name of petitioner no.6 Gayatri Devi as late Bakil Yadav but the same was withdrawn vide order dated 28.01.2015 with permission to file fresh application for regular bail. In view of the fact that the prayer for modification of the order dated 25.09.2014 passed in Criminal Miscellaneous No.24128/2014, wherein the petitioners were granted bail, has not been allowed and modification application filed vide Criminal Miscellaneous No. 45563 of 2014 was withdrawn on 28.01.2015, this Court is not inclined to interfere. Let the learned Court below consider the prayer for regular bail of the petitioner keeping in view of the fact that petitioners were granted anticipatory bail on merits, if the petitioners surrender within a period of six weeks in connection with Deep Nagar P.S. Case No.94 of 2013, pending in the court of learned Chief Judicial Magistrate, Biharsharif, Nalanda. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T