Kabutari Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32633 of 2015 Arising Out of PS.Case No. -505 Year- 2009 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Kabutari Devi wife of Late Sri Bhagwan Singh, resident of village- Kaua Khoeh, P.S.- Dehri, District- Rohtas, Bihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Lalmuni Singh S/o Late Bipin Singh resident of New Sidhauli, Narayan Tola, P.S.- Dalmia Nagar (Dehri), Distt.- Rohtas .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 21-08-2015 By filing the instant application under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 22.04.2015 passed in Criminal Misc. No. 82 of 2015, whereby the court below has refused to extend time for executing the bail bond as directed by its earlier order dated 28.05.2010.

The petitioner had been summoned in a complaint case under Section 498-A of the Indian Penal Code. She preferred an application under Section 438 of the Code of Criminal Procedure before the learned Sessions Judge, Rohtas at Sasaram and vide order dated 28.05.2010 passed in A.B.P No. 628 of 2010, the

Patna High Court Cr.Misc. No.32633 of 2015 (2) dt.21-08-2015 2/2 learned Sessions Judge directed her to be released in case she surrenders within 15 days from the date of order. The petitioner failed to appear before the court in order to furnish bail bond for about 5 years and, thereafter, the application for modification of the order dated 28.05.2010 was filed before the learned Sessions Judge, on the ground that the petitioner was suffering from illness and under the medical advice she could not surrender earlier. The said petition was rejected by the court below vide impugned order dated 22.04.2015.

I see no error in the order passed by the Court below. However, taking a sympathetic view of the matter, in case, the petitioner surrenders before the court below within two weeks from today, she is directed to be released on bail on the same terms and conditions as directed by the learned Sessions Judge, Rohtas at Sasaram vide order dated 28.05.2010 passed in A.B.P. No. 628 of 2010.

(Ashwani Kumar Singh, J) sushma/- U