← Library
Patna High CourtCR. MISC./28034/2020allowed

Mohamjan Shah v. The State Of Bihar

2020-11-06Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28034 of 2020 In CRIMINAL MISCELLANEOUS No.80876 of 2019 Arising Out of PS. Case No.-266 Year-2018 Thana- OBRA District- Aurangabad ====================================================== 1.

Mohamjan Shah, Male, age about 61 years, Son of Late Safudhin Shah, Resident of Village-Sihudi Tola dingraha, P.S.- Obra, District - Aurangabad. 2.

Jubaida Khatoon, Female, age about 56 years, Wife of Mohamjan Shah, Resident of Village-Suhidi Tola dingraha, P.S.- Obra, District - Aurangabad. ... ... Petitioners

Versus

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

For the Petitioners :

Mr. Amit Anand, Advocate.

For the Opposite Party :

Mr. Choubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-11-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks after restoration of normalcy.

Heard learned counsel for the petitioners and learned counsel for the State.

The present application has been filed for

Patna High Court CR. MISC. No.28034 of 2020(2) dt.06-11-2020 2/3 modification of the order dated 10.12.2019, passed in Cr. Misc. No. 80876 of 2019, by which the petitioners were granted anticipatory bail in connection with Obra P.S. Case No. 266 of 2018, pending in the court of learned Sub Divisional Judicial Magistrate, Obra, Aurangabad, and the petitioners were directed to surrender in the court below within a period of six weeks and furnish bail bond.

Learned counsel for the petitioners submits that due to some unavoidable reasons the petitioners could not surrender in the court below well within time. It is further submitted that further time may be extended so that the petitioners could surrender in the court below and furnish bail bond. Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender of the petitioners 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 10.12.2019, passed in Cr. Misc. No. 80876 of 2019, is modified to the extent as indicated above. The present application is disposed of.

Patna High Court CR. MISC. No.28034 of 2020(2) dt.06-11-2020 3/3 Let this order be communicated to the learned court below through e-mail.

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