Patna High CourtCR. MISC./32899/2023dismissed

Krishna Prakash Pati Tripathi @ Krishna Prakash Tripathi v. The State Of Bihar

2024-03-13Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32899 of 2023 In CRIMINAL MISCELLANEOUS No.42233 of 2019 Arising Out of PS. Case No.-245 Year-2017 Thana- SIMRI District- Buxar ====================================================== KRISHNA PRAKASH PATI TRIPATHI @ KRISHNA PRAKASH TRIPATHI S/O GIRIJAPTI TRIPATHI Resident of village- Pindi Deoria, P.S.- Deoria, District- Deoriya (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Digvijay Kumar Ojha For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The learned counsel for the petitioner submits that the present modification application has been filed seeking modification of the order dated 19.02.2021 in Criminal Miscellaneous No. 42233 of 2019 passed by a learned Coordinate Bench whereby the petitioner was directed to surrender within a time frame but before that the petitioner had to pay an amount of Rs. 2,50,000/- to the informant, it appears that the petitioner did not pay the amount to the informant within the time stipulated in the order dated 19.02.2021, as such, he could not surrender, but two years thereafter the present modification

Patna High Court CR. MISC. No.32899 of 2023(11) dt.13-03-2024 2/2 application has been filed seeking extension of time of the period of surrender by modifying the order dated 19.02.2021 in Criminal Miscellaneous No. 42233 of 2019.

3. The learned APP for the State submits that the petitioner is moving at his leisure and in the event if the petitioner was not able to return the amount as agreed to the O.P. No. 2 within the time stipulated for any reason, the petitioner could have approached this Court before the time for surrendering was expiring, but then the petitioner chose not to take any step and at his leisure moved in the year 2023.

4. Considering the submission made by the learned APP for the State, the Court is not inclined to allow the modification application.

5. Accordingly, the modification application is rejected.

(Satyavrat Verma, J) Rishabh/- U T