Shabnam Praveen v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.25818 of 2020 In CRIMINAL APPEAL (SJ) No.3171 of 2019 Arising Out of PS. Case No.-488 Year-2019 Thana- PHULWARISHARIF District- Patna ====================================================== 1.

Shabnam Praveen, aged about 41 years, Female, Wife of Md Taffazul Hussain @ Taffazul Hussain 2.

Md. Taquir Hussain @ Tauquir @ Sarique, aged about 20 years, Male, Son of Md. Taffazul Hussain @ Taffazul Hussain All are resident of G.S.R. Apartment, Ranipur Road, Alwa Colony, P.S.- Phulwarisharif, Dist- Patna.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Annu Kumari W/o Ranjit Rajak Resident of Ananad Puri, Khagaul, P.S.- Khgaul, District- Patna.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner/s :

Ms. Sushmita Singh, Advocate For the State :

Mr. Aditya Narayan Singh, APP For the informant :

Mr. Sayad Imran Ghani, Advocate Mr. Manoj Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-10-2020 Heard Ms. Sushmita Singh, learned Advocate representing the petitioner and Mr. Sayad Imran Ghani, learned Advocate with Mr. Manoj Kumar Singh, learned Advocate representing the informant. The informant is also present online in course of virtual hearing of this case from the office of Mr. Sayad Imran Ghani, learned Advocate.

Learned counsel for the informant has submitted in presence of the informant that he has received the bank draft of Rs. 12,20,000/-, a xerox copy of which has been enclosed as

Patna High Court CR. MISC. No.25818 of 2020(4) dt.20-10-2020 2/3 Annexure '1' with the supplementary affidavit filed on behalf of the petitioner kept at Flag 'A'.

Learned counsel for the petitioners submits that with the said payment having been made to the informant the petitioners have complied with their undertaking given to this Court in Cr. Appeal (SJ) No. 3171/2019 as contained in the order dated 29.11.2019. Learned counsel further submits that though the undertaking could not be abide by within the given period of four weeks but then immediately thereafter as the petitioners were looking for arrangement of funds, due to breakdown of the pandemic Covid-19 it became difficult to arrange the money. It is also stated that the petitioners no.1's husband is suffering from severe kidney problem and is unable to speak properly, he is under-treatment and for all these reasons the steps could not be taken to get extension of time to furnish bail bond.

Mr. Sayad Imran Ghani, learned Advocate in presence of the informant also submits that now he has received demand draft, therefore the undertaking given by the petitioners may be taken to have been complied with and the informant could have no objection to the same.

Having regard to the facts and circumstances stated in

Patna High Court CR. MISC. No.25818 of 2020(4) dt.20-10-2020 3/3 the petition and that the submissions made at the bar as also that the petitioners have now handed over the demand draft of Rs. 12,20,000/- to the informant, this Court is inclined to exercise it's inherent power under Section 482 Cr.P.C. and to extend the period for surrender and submission of bail bonds by the petitioners. The order dated 29.11.2019 passed in Cr. Appeal (SJ) No. 3171/2019 is modified to the extent that in case of their arrest/surrender within four weeks from today the petitioners, who were appellants in Cr. Appeal (SJ) No. 3171/2019, be enlarged on bail on furnishing bail bonds in terms of the order dated 29.11.2019 passed by this Court in Cr. Appeal (SJ) No. 3171/2019. Rest of the order shall remain intact.

This application stands disposed off accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.