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Patna High CourtCR. MISC./19410/2020allowed

Smt. Amita Devi v. The State Of Bihar

2021-02-01Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19410 of 2020 In CRIMINAL MISCELLANEOUS No.69760 of 2018 Arising Out of PS. Case No.-250 Year-2018 Thana- NAVINAGAR District- Aurangabad ====================================================== SMT. AMITA DEVI (F), aged about 31 years, W/o Jay Kumar @ Jaikumar Resident of Village-Majhiyanw (Manjhiyawan), P.S.- Badem O.P., Distt.- Aurangabad.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Singh, Advocate.

For the Opposite Party :

Mr. Parmeshwar Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 28.01.2019, passed in Cr. Misc. No. 69760 of 2018, by which the two petitioners (Mantu Kumar Singh and Smt. Amita Devi) were granted anticipatory bail in connection with Nabinagar (Badem O.P.) P.S. Case No. 250/2018, pending in the court of learned C.J.M., Aurangabad, and the Mantu Kumar Singh (petitioner no. 1 in Cr. Misc. No. 69760 of 2018) was directed to deposit a sum of Rs. 46,93,219.35/- in the court below which shall be subject to final disposal of the case, within a period of thirteen weeks. Learned counsel for the present petitioner submits that due to some unavoidable reasons, the present petitioner

Patna High Court CR. MISC. No.19410 of 2020(2) dt.01-02-2021 2/3 (petitioner no. 2 in Cr. Misc. No. 69760 of 2018) could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioner (petitioner no. 2 in Cr. Misc. No. 69760 of 2018) that further time may be extended so that the present petitioner could surrender in the court below and furnish bail bonds.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner (Smt. Amita Devi) in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

The order dated 28.01.2019 passed in Cr. Misc. No. 69760 of 2018, is modified to the extent as indicated above. The present application is disposed of.

Let this order be communicated to the learned court below through e-mail.

It is worthwhile to mention here that earlier a modification application was also filed on behalf of this petitioner for modification of the order dated 28.01.2019, passed in Cr. Misc. No. 69760 of 2018, which was heard and allowed

Patna High Court CR. MISC. No.19410 of 2020(2) dt.01-02-2021 3/3 by this Court in Cr. Misc. No. 71877 of 2019 under order dated 16.01.2020.

(Sudhir Singh, J) U.K./- U T