Shuka Urauv v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49888 of 2014 ====================================================== Shuka Urauv .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Ajit Kumar, Advocate. For the Opposite Party : Mr. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 21-01-2015 Heard learned counsels for the petitioner and the State.

The present application has been filed for modification of order dated 16.04.2014, passed in Cr. Misc. No. 14937 of 2014 for extending the period of deposit of undertaken amount and surrender. The petitioner was granted provisional anticipatory bail vide order dated 10.04.2012 passed in Cr. Misc. No. 12402 of 2012 in connection with Sheikhpura P.S. Case No. 279 of 2011 registered for the offences punishable under Sections 409 and 420/34 of the Indian Penal Code pending in the court of the learned S.D.J.M. Sheikhpura on readiness of deposit 50% of misappropriated amount i.e., Rs. 5,00,000/- before the learned court below within a period of six months which was to be invested in some Fixed Deposit Scheme.

Patna High Court Cr.Misc. No.49888 of 2014 (2) dt.21-01-2015 2 / 3 The order dated 10.04.2012 was modified vide order dated 30.01.2013 passed in Cr. Misc. No. 4434 of 2013, whereby the period of surrender was extended by four weeks thereafter vide order dated 16.04.2014 passed in Cr. Misc. No. 14937 of 2014 the period of surrender was further extended by four weeks on the ground that the petitioner's wife was suffering from cancer.

It is submitted by learned counsel for the petitioner that since the wife was suffering from cancer the petitioner could not comply the order. Now the petitioner is ready to comply the order. In the peculiar circumstances, the order dated 16.04.2014 passed in Cr. Misc. No. 14937 of 2014, the period of surrender is extended to the extent that the petitioner will deposit 50% of misappropriated amount i.e., Rs. 5,00,000/- within a period of two weeks from the date of receipt/production of copy of this order.

The petitioner is permitted to deposit 50@ of misappropriated amount i.e., Rs. 5,00,000/- within two weeks from the date of receipt/production of copy of this order and surrender and furnish bail bond.

It is made clear that no such further modification application will be entertained in the

Patna High Court Cr.Misc. No.49888 of 2014 (2) dt.21-01-2015 3 / 3 matter.

Accordingly, the modification application is disposed off.

U.K./- (Dinesh Kumar Singh, J) U T