Patna High CourtCR. MISC./76618/2018disposed

Abhishak Kumar @ Abhishek Kumar v. State Of Bihar And ANR

2018-12-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76618 of 2018 In Criminal Miscellaneous No.36824 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Muzaffarpur ====================================================== Abhishak Kumar @ Abhishek Kumar, Son of Late Ajay Prasad, Resident of Village-Lasgaripur, P.O. Kalwari, P.S. Kanti, Distt.-Muzaffarpur. ... ... Petitioner

Versus

1. The State of Bihar.

2. Puja Kumari, D/o of Sri Kamlesh Verma, wife of Abhishek Kumar, Resident of Village-Basaudha,P.O. Sadisopur,P.S. Bihta,Distt.-Patna. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Praveen Kumar, Advocate.

For the State :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 10.07.2018 passed in Cr. Misc. No. 36824 of 2018, by which the petitioner was granted anticipatory bail in connection with Complaint Case No. 844 (C) of 2017, pending in the court of learned C.J.M. Danapur and the petitioner was directed to surrender in the court below within a period of six weeks and furnish bail bond. Learned counsel for the petitioner submits that due to some unavoidable reasons the petitioner could not surrender in the court below well within time. It is prayed on behalf of the learned counsel for the petitioner that satisfaction portion may

Patna High Court Cr.Misc. No.76618 of 2018(2) dt.20-12-2018 2/2 be corrected in the order dated 10.07.2018 passed in Cr. Misc. No. 36824 of 2018 as 'S.D.J.M. Danapur' in place of 'Chief Judicial Magistrate, Danapur.' It is further submitted that further time may be extended so that the petitioner could surrender in the court below and furnish bail bond.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the satisfaction portion in the order dated 10.07.2018 passed in Cr. Misc. No. 36824 of 2018 be read as 'S.D.J.M., Danapur' in place of 'Chief Judicial Magistrate, Danapur' and the period of surrender of the petitioner in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same. The order dated 10.07.2018 passed in Cr. Misc. No. 36824 of 2018, is modified to the extent as indicated above. Let this order be communicated to the learned court below through e-mail.

(Sudhir Singh, J) U.K./- U T