Most Shanti Devi And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.2112 of 2015 (2) dt.29-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2112 of 2015 ======================================================

1. Most Shanti Devi, wife of Late Sri Ram.

2. Lakshmi Devi, wife of Chandu Ram.

3. Soni Devi, wife of Hira Ram.

4. Chandu Ram, son of Late Sri Ram.

5. Heera Ram, son of Late Sri Ram.

.... .... Petitioners.

Versus

1. The State of Bihar.

2. Ravita Devi, wife of Sri Rajo Ram @ Rajendra Kumar and daughter of Raj Kumar Ram, resident of Mohalla- Jamalpur (Shiekhpura), at present residence of Village- Bahadurpur, P.S. Bahadurpur, DistrictPatna. .... .... Opposite Parties.

Appearance :

For the Petitioners : Mr. Biresh Kumar Sinha, Advocate. For the State : Mr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 29-01-2015 Heard, This application has been filed for modification of order dated 21.10.2014 passed in Cr. Misc. No. 27898 of 2014 by which the petitioners were given liberty to move before the learned SubDivisional Judicial Magistrate, Barh, Patna, within a period of four weeks in Complaint Case No. 417C of 2013.

It is submitted that petitioner no. 1 Most Shanti Devi was suffering from Jaundice and she was under treatment from 20.10.2014 to 20.12.2014 as such she could not appear before the learned Magistrate and other petitioners were outside as such they could not appear before the learned Magistrate within time granted by this Court. In this connection medical certificate of treatment of

Patna High Court Cr.Misc. No.2112 of 2015 (2) dt.29-01-2015 petitioner no. 1 Most. Shanti Devi has been filed. But there is no material on record to show as to why petitioners nos. 2 to 5 did not appear before the learned Magistrate.

Considering the facts and circumstances, petitioners are given liberty to appear before the learned Sub-Divisional Judicial Magistrate, Barh, Patna, in the aforesaid case by 10th February, 2015, subject to deposit a cost of Rs. 1000/- on behalf of petitioners nos. 2 to 5 in favour of Patna High Court Legal Aid Committee and file a receipt thereof within a week. With the aforesaid condition, order dated 21.10.2014 passed in Cr. Misc. No. 27898 of 2014 stands modified. This petition stands disposed of.

m.p.

(Amaresh Kumar Lal, J) U T