Amit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38590 of 2024 In CRIMINAL MISCELLANEOUS No.5090 of 2024 Arising Out of PS. Case No.-373 Year-2023 Thana- SUGAULI District- East Champaran ====================================================== Amit Rai Son Of Late Dhrup Rai Village- Pachibidwa, Ps- Ramgarhwa, DistEast Champaran P/A- Mewashi Hospital Ps- Sugauli, Dist- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhanendra Chaubey For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad. 2.

Learned counsel for the petitioner submits that petitioner was granted the privilege of Section 41A of the Cr.P.C. by an order dated 23-2-2024 and he was directed to file a representation before the concerned Superintendent of Police and the investigation officer of the case within a period of three weeks from 23-2-2024, but he was not able to submit an application within the time stipulated by the order dated 23-22024. It is next submitted that sister-in-law (Bhabhi) of the petitioner was ill since 16-2-2024 and subsequently, she died on 19-3-2024, thus it is submitted that the petitioner was not able to submit the application in terms of the order dated 23-2-2024

Patna High Court CR. MISC. No.38590 of 2024(2) dt.17-05-2024 2/2 within the time stipulated.

3.

The learned APP, Mr. Chandra Bhushan Prasad, submits that it absolutely does not stand to reason that three weeks' time was granted to the petitioner for filing a representation before the concerned S.P and the investigating officer of the case, and the Bhabhi of the petitioner died on 193-2024, i.e., after nearly more than 24 days of passing of the order dated 23-2-2024, which amply demonstrates that the petitioner had enough time to file an application. It is also submitted that petitioner cannot move at leisure. 4.

Considering the submissions made by learned APP, the Court is not inclined to entertain the instant modification application.

5.

Accordingly, the instant modification application is dismissed.

(Satyavrat Verma, J) SUMIT/- U T