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Patna High CourtCR. MISC./64312/2018allowed

Suraj Kumar @ Suraj Kumar Singh And ORS v. State Of Bihar And ANR

2018-10-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64312 of 2018 ======================================================

1. Suraj Kumar @ Suraj Kumar Singh, S/o Late Shankar Prasad Singh,

2. Anjali Devi, W/o Late Shankar Prasad Singh @ Shankar Prasad, Both of Vill.- Sahiyar Dih, P.S. Rosera, Distt.-Samastipur,

3. Bipin Kumar Singh @ Bipin Singh, S/o Late Sidheshwar Singh, Night Guard at Agriculture Office, Samastipur, P.S. Samastipur, Distt.- Samastipur .... .... Petitioner/s

Versus

1.

The State of Bihar 2.

Banarsi Prasad, S/o Late Tleshwar Singh, Resident of VillageShekhpura, P.S. Rampur Churam, Distt.-Arwal, Presently residing at Manvi Lane, Chankya Vihar Colony, New Brahmapur, P.S. - Ramkrishna Nagar, Distt.-Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 31-10-2018 This application has been filed for modification of the order dated 20.04.2018 passed in Cr. Misc. No.23464 of 2018 by which petitioner has been granted anticipatory bail in connection with Complaint Case No.2022-C of 2017 to the satisfaction of the Additional Chief Judicial Magistrate, 16th, Patna.

It has been submitted that petitioner No.1 is an employee in Central Bank and posted as Manager in Ahmadabad, petitioner No.2 is widow, who resides at Samastipur and petitioner No.3 is a Night Guard working at Samastipur having

Patna High Court Cr.Misc. No.64312 of 2018 (2) dt.31-10-2018 2/2 poor background. They are feeling difficulty in complying Condition No.2 of the bail order by which they have been granted anticipatory bail.

In view of such, Condition No.2 of the order dated 20.04.2018 passed in Cr. Misc. No.23464 of 2018 is modified to the extent that petitioners will file petition under Section 317 Cr.P.C. on the date(s) fixed, which shall be disposed off by the Court below in accordance with law.

The petitioners will remain physically present as and when required by the Court below.

This Modification Application is, accordingly, allowed.

(Sanjay Priya, J) JA/- U T