Gulshan Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50680 of 2016 ======================================================

1. Gulshan Kumar Son of Vinay Kumar Singh

2. Khusbu Kumari D/o Vinay Kumar Singh Both Resident of VillageAmrour Kiratpur, P.S. Begusarai (Muffassil), (Singhoul O.P), District Begusarai.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Nakul Kumar Jamuar, Advocate.

For the Opposite Party : Mr. Anish Chandra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-01-2017 Heard both sides.

The petitioner filed this petition for modification of the order dated 15.05.2015 and prayed to extend the period for surrender of the petitioner no. 2 in the court. It appears that petitioner no. 2 was granted anticipatory bail vide order dated 15.05.2015 but the petitioner did not surrender in the court within four weeks from the date of receipt/production of a copy of this order.

Learned counsel for the petitioner submits that marriage of petitioner no. 2 was solemnized on 11.06.2015 and she went to her Sasural and, therefore, she could not surrender but it appears that the petitioner filed a petition for extension of time only after lapse of one year and six months and no plausible explanation has

Patna High Court Cr.Misc. No.50680 of 2016 (2) dt.18-01-2017 2/2 been stated in the petition.

Considering the facts aforesaid, I do not find any justification for extending the time to surrender in the court. Accordingly, the modification petition is dismissed. If the petitioner surrenders in the court, the court below shall sympathetically consider the regular bail of the petitioner taking into consideration that the petitioner was granted anticipatory bail.

(Prabhat Kumar Jha, J.) KKSINHA/- U T