Patna High CourtCR. MISC./26904/2019allowed

Om Prakash Giri @ Jhapru Giri @ Om Prakash @ Jhagaru @ Jhagru Giri v. The State Of Bihar

2019-05-08Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26904 of 2019 In CRIMINAL MISCELLANEOUS No.19126 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== OM PRAKASH GIRI @ JHAPRU GIRI @ OM PRAKASH @ JHAGARU @ JHAGRU GIRI, aged about 38 years, Male, Son of Late Kapildeo Giri Resident of Village - Lakhraw, P.S.- Siwan Muffasil, District- Siwan ... Petitioner

Versus

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

For the Petitioner :

Mr. Ashok Kumar, Adv.

For the Opposite Party :

Mr. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 08-05-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

This modification application has been preferred to modify the order, dated 29.03.2019, passed in Cr. Misc. No. 19126 of 2019, to reduce the period of custody as the mother of the petitioner is seriously ill and, the petitioner, being the only care-taker and bread earner, his services are very much required. He submits that while the petitioner was enlarged on bail by order, dated 29.03.2019, passed in Cr. Misc. No. 19126 of 2019, but, the release was after completion of four months. The petitioner is languishing in judicial custody since 02.03.2019. It has been submitted by the learned counsel for the petitioner that he has been remanded in the present case on 02.03.2019 and is languishing in judicial custody since then

Patna High Court CR. MISC. No.26904 of 2019(3) dt.08-05-2019 2/2 although the petitioner has been taken in custody in another case on 23.02.2019 itself.

A supplementary affidavit has been filed bringing on record the medical prescriptions of the mother of the petitioner and her being seriously ill.

Considering the submissions, made in the supplementary affidavit and the period already undergone in custody, the order, dated 29.03.2019, passed in Cr. Misc. No. 19126 of 2019, is modified to the extent that "on completion of four months in custody" is deleted.

The modification application is allowed. The order, dated 29.03.2019, passed in Cr. Misc. No. 19126 of 2019, is modified to the extent indicated above.

(Nilu Agrawal, J) Shamshad/- U T