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Patna High CourtCR. MISC./24838/2022allowed

Rahul Vijay Mahto v. The State Of Bihar

2022-05-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24838 of 2022 In CRIMINAL MISCELLANEOUS No.12884 of 2020 Arising Out of PS. Case No.-1401 Year-2018 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== RAHUL VIJAY MAHTO S/O VIJAY MAHTO R/o village- Chondhipar, P.S.- Barh, District- Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

Manisha Kumari D/o Late Chandeshwar Prasad R/o village- Andhana More, P.S.- Nursarai, District- Nalanda, W/o Rahul Vijay Mahto, R/o villageChondhipur, P.S.- Barh, District- Patna ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The present application has been filed for modification of the order dated 30.11.2021 passed in Cr. Misc. No. 12884 of 2020 by which the petitioner was granted anticipatory bail in connection with Complaint Case No. 1401C/2018 to the satisfaction of learned C.J.M., Nalanda (Biharsarif) and the petitioner was directed to surrender in the

Patna High Court CR. MISC. No.24838 of 2022(2) dt.20-05-2022 2/2 Court below within a period of twelve weeks.

Learned counsel for the petitioner submits that due to some unavoidable reasons, the petitioner could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioner that further time may be extended so that the petitioner could surrender in the Court below.

Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the Court below is extended for a further period of eight 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 30.11.2021 passed in Cr. Misc. No. 12884 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T