Usha Devi @ Usha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44403 of 2021 In CRIMINAL MISCELLANEOUS No.6698 of 2020 Arising Out of PS. Case No.-369 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== 1.

Usha Devi @ Usha Kumari, W/O Raj Kishore Prasad Singh @ Raj Kishore Prasad Sinha.

2.

Raj Kishore Prasad Singh @ Raj Kishore Prasad Sinha S/o Late Raghunath Prasad Singh 3.

Dhiraj Kumar @ Kumar Dhiraj Vajsyayana S/o Raj Kishore Prasad Singh @ Raj Kishore Prasad Sinha All are R/o Mohalla- Bibiganj Anandpuri, P.S.- Sadar, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh, Advocate For the Opposite Party/s :

Ms. Asha Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 31-08-2021 Heard learned counsel for the parties.

This application has been filed for modification/clarification of interim order dated 01.02.2021 passed in Cr. Misc. No.6698 of 2020 wherein it was observed that:- "It is submitted on behalf of learned counsel for the petitioners that a cheque of value of Rs. 4,10,000/- (Rs. four lacs ten thousand only) was issued by petitioner no. 1 Usha Devi @ Usha Kumari in the name of informant which was dishonoured on account of insufficient fund and she is ready to repay the said amount within two months.

Interim protection granted vide order dated

Patna High Court CR. MISC. No.44403 of 2021(2) dt.31-08-2021 2/2 01.10.2020 shall continue till further order. Petitioner no. 1 Usha Devi @ Usha Kumari undertakes that she will repay the cheque amount of Rs. 4,10,000/- (Rs. four lacs ten thousand only) within said period."

Before filing of modification petition, by order dated 09.04.2021 the application for grant of anticipatory bail to the petitioners were rejected, as such, the interim order dated 01.02.2021 passed in Cr. Misc. No.6698 of 2020 does not survive. However, it is clarified that any observation made in interim order dated 01.02.2021 passed in Cr. Misc. No.6698 of 2020 shall not cause any prejudice to petitioners and case is to be adjudicated by the trial court on its own merit without being influenced by any observation made in interim order dated 01.02.2021 passed in Cr. Misc. No.6698 of 2020. The modification application is accordingly disposed of.

(S. Kumar, J) Rajiv/veenaU T