Patna High CourtCR. MISC./37284/2016allowed

Md. Sarfraj Hussain v. State Of Bihar And ANR

2016-09-08Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37284 of 2016 ====================================================== Md. Sarfraj Hussain, S/o Sajjad Hussain, resident of Gandhi Path, P.S.- Saharsa Nagar, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Saba Kaiser D/o Md. Fakhrej Alam resident of Village- Pokharia Ward No.39, P.S.- Nagar, District- Begusarai.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhaskar Shankar, Advocate For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned APP for the State.

This application is for modification of order dated 11.02.2016, passed in Cr. Misc. No. 32070 of 2014 by which petitioner was directed to surrender within a period of four weeks of the receipt of the said order. He submits that petitioner left India for Libiya for his Doctorate degree on 08.10.2015 and has returned back to India on 07.08.2016, as such, he could not avail the privilege. He further submits that the condition of deposit of Rs. 1500/- per month within 15th of every month from the date of the order has been complied with as he has deposited a sum of Rs. 1500/- per month, although on one occasion there was some delay but the said sum is being deposited month to month, latest

Patna High Court Cr.Misc. No.37284 of 2016 (2) dt.08-09-2016 2/2 being deposited on 09.08.2016, which is Annexure-3 series to this petition.

As the petitioner has fulfilled the condition of deposit of Rs. 1500/- per month, let the period of surrender be extended for further period of four weeks from today in connection with Complaint Case No. 1020(C)/ 2013, pending in the court of learned Sub-Divisional Judicial Magistrate, Begusarai. Modification application is allowed to the extent aforesaid.

(Nilu Agrawal, J.) Rajesh/- U T