Patna High CourtCR. MISC./22332/2019allowed

Madhu Devi v. The State Of Bihar

2019-04-17Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22332 of 2019 In CRIMINAL MISCELLANEOUS No.61667 of 2017 Arising Out of PS. Case No.-86 Year-2014 Thana- JAYNAGAR District- Madhubani ====================================================== MADHU DEVI Wife of Sanjay Kumar Jaiswal Resident of Village - Akhalaspur, P.S.- Bhabua, District - Kaimur at Bhabua. At Present Ward No.- 11, Bhabua, Opposite Agrawal Petrol Pump, P.S.- Bhabua, District - Kaimur at Bhabua.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate.

For the Opposite Party/s :

Ms. Sharda Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for modification of condition No. (2) of the order dated 20.02.2018 passed in Cr. Misc. 61667 of 2017.

Counsel for the petitioner submits that petitioner is lady. She is feeling difficulty in complying with the condition

(2) of order dated 20.2.2018 by which she has been granted anticipatory bail. Counsel for the petitioner further submits that petitioner is resident of Bhabua, Distt. Kaimur, which is more than 400 K.M. from Madhubani. She has three children with one younger daughter aged about one year nine months who

Patna High Court CR. MISC. No.22332 of 2019(2) dt.17-04-2019 2/2 needs proper care by her.

In view of such, condition No. 2 of the order dated 20.2.2018 passed in Cr. Misc. 61667 of 2017 is modified to the extent that if a petition under Section 317 Cr. P.C. is filed the same shall be disposed off by the court below in accordance with law. Petitioner will remain physically present as and when required by the court below.

This Modification application stands allowed to the extent indicated above.

Let this order be communicated to the Court of Sub Divisional Judicial Magistrate, Madhubani, in connection with Jaynagar P.S. Case No. 86 of 2014, G.R. No. 1309 of 2014. (Sanjay Priya, J) S.Ali/- U T