Onkar Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 28721 of 2022 In CRIMINAL MISCELLANEOUS No 63956 of 2019 Arising Out of PS. Case No.-2223 Year-2018 Thana- COMPLAINT CASE District- Araria ====================================================== ONKAR BHARTI S/o Awadhesh Pandit Resident of Gaddighat, P.S.- Rupouli, District- Purnia. At present Resident of Ashram Mohalla Araria, Ward No.15, P.S.- and Distrcit- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Pinki Devi @ Pinki Kumari W/o Onkar Bharti, D/o Late Subhash Mandal Resident of Village- Hansi Begampur Banaili, P.S.- Jalalgarh, DistrictPurnea. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Sudhanshu Kumar Lal, Mr Pritish Kumar Lal, Advocates For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 17-08-2022 Heard learned counsel for the petitioner and the State. Petitioner's prayer for anticipatory bail was allowed by this Court on 05.03.2020 in Cr Misc No 63956 of 2019. Within two to three weeks, the National lock down based on Pandemic, was imposed as per submission of the petitioner's counsel. It is also submitted that the family was badly affected by the Pandemic and the petitioner's father has also died in the meantime. The circumstances, therefore, did not permit the petitioner to avail the benefit of anticipatory bail by surrendering in the Court below within four weeks, as per order

Patna High Court CR. MISC. No.28721 of 2022(3) dt.17-08-2022 2/2 dated 05.03.2020 passed by this Court in Cr Misc No 63956 of 2019.

The report from the trial Court dated 13.07.2022 clearly mentions that till date, no action has been taken or any order passed under Sections 82, 83 of Criminal Procedure Code. Taking note of the above facts, this Court is inclined to allow the petitioner further three weeks from today for surrendering before the Court below for availing the benefit of order dated 05.03.2020 passed by this Court in Cr Misc No 63956 of 2019.

This application is allowed.

(Madhuresh Prasad, J) M.E.H./- U T