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Patna High CourtCR. MISC./21181/2020disposed

Abha Kumari @ Aabha Kumari v. The State Of Bihar

2020-07-01Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21181 of 2020 In CRIMINAL MISCELLANEOUS No.3379 of 2020 Arising Out of PS. Case No.-233 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== Abha Kumari @ Aabha Kumari W/o Muntun Sahni and D/o Birendra Sahani Resident of Village- Bhalui Khan, P.S.- Sahebganj, District- Muzaffarpur, at present resident of Village- Kesharinagar, Ward No. -2, Barka Gaon, P.S.- Karza, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Adv.

For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-07-2020 Heard learned counsel for the petitioner and learned APP for the State, through video conferencing. The instant application has been filed by the petitioner for modification of the order dated 06.03.2020 passed in Cr. Misc. No. 3379 of 2020 whereby and whereunder the petitioner was directed to surrender in the Court below within a period of six weeks (from 06.03.2020) and in the event of her arrest or surrender it was directed that she be enlarged on bail. It is submitted by learned counsel for the petitioner that the petitioner could not appear within the time fixed by order dated 06.03.2020 and could not surrender for the reasons of the difficulties being faced as a result of Covid pandemic. It

Patna High Court CR. MISC. No.21181 of 2020(2) dt.01-07-2020 2/2 is prayed that the aforesaid order dated 6.3.2020 be suitably modified and the period granted therein for the petitioner to surrender in the Court below be extended.

Having heard learned counsel for the parties, this Court is inclined to allow the prayer made in the instant application.

The order dated 6.3.2020 passed in Cr. Misc. No. 3379 of 2010 is modified to the extent that the time granted to the petitioner to surrender in the Court below is further extended by a period of six weeks from today. It is directed that in case the petitioner surrenders in the Court below within a period of six weeks from today or in the event of her arrest in connection Karja P.S. Case No. 233 of 2019, she will be enlarged on bail on furnishing bail bond as directed by the order dated 6.3.2020. The instant application stands allowed and the order dated 6.3.2020 passed in Cr. Misc. No. 3379 of 2020 stands modified to the above extent subject to defect nos. 2 and 3 pointed out by the Stamp Reporter being removed within a period of two weeks of commencement of normal functioning of Court.

Put up on 29.9.2020 under the appropriate heading. (Partha Sarthy, J) sushma/- U T