Patna High CourtCR. MISC./13888/2020allowed

Anita Devi v. The State Of Bihar

2020-07-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13888 of 2020 In CRIMINAL APPEAL (SJ) No.5293 of 2019 Arising Out of PS. Case No.-451 Year-2017 Thana- NAUTAN District- West Champaran ====================================================== 1.

ANITA DEVI Wife of Sri Laxmi Mahto 2.

Rina Devi Wife of Sri Vimal Mahto @ Bimal Mahto 3.

Sanjhariya Devi Wife of Rajdeo Mahto 4.

Jai Prakash Mahto Son of Late Laxman Mahto 5.

Ajay Mahto @ Ajay Kumar Son of Laxmi Mahto 6.

Vimal Mahto Son of Late Shankar Mahto All Residents of Village-Jagdishpur Diuliya, P.S.-Nautan (Jagdishpur), District-West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Ms.Usha Kumari no. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioners seek modification of the order dated 05.12.2019 passed by a Bench of this Court in Criminal Appeal (SJ) No. 5293 of 2019. By the aforesaid order, the petitioners were directed to be enlarged on bail in the event of their arrest or surrender before the Court below within a period of four weeks from the date of passing of the

Patna High Court CR. MISC. No.13888 of 2020(2) dt.02-07-2020 2/2 order.

However for the reasons which have been explained in the petition, the petitioners could not surrender within the period mentioned in the order dated 05.12.2019. The order dated 05.12.2019 is modified to the extent that in case the petitioners surrender before the court below within a period of six weeks from today, they will be accorded the privilege under the order dated 05.12.2019. with the same terms and conditions.

The order stands modified to the extent indicated above.

The modification application stands disposed of accordingly.

(Ashutosh Kumar, J) sunilkumar/- U T