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Patna High CourtCR. MISC./67525/2018disposed

Chhotu Singh v. State Of Bihar And ANR

2019-01-02Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67525 of 2018 In Criminal Miscellaneous No.24370 of 2017 Arising Out of PS. Case No.- Year- Thana- District- Araria ====================================================== Chhotu Singh, S/o Late Munshi Lal Singh, Resident of Village- Doriyare, P.S. Bonshi Baraithi, District- Araria.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Saraswati Devi, D/o Chaturanand Singh, Resident of Village- Madanpur, Manth Tola, P.S. and District- Araria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate.

For the Opposite Party/s :

Mr. S.M. Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-01-2019 Heard.

This application has been filed on behalf of the petitioner for modification of the order dated 05.12.2017 passed in Criminal Misc. No.24370 of 2017 by this Court with regard to extend the period of surrender of the petitioner, above named, in the court below in connection with Complaint Case No.1136(C) of 2015.

Learned counsel for the petitioner submits that vide order dated 05.12.2017 passed in Criminal Misc. No.24370 of 2017 by this Court, the petitioner, in the event of his arrest or surrender before the court below within a period of four weeks from that date, was ordered to be released on bail on furnishing

Patna High Court Cr.Misc. No.67525 of 2018(2) dt.02-01-2019 2/2 bail bond of RS.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Ashish Ranjan, Judicial Magistrate, First Class, Araria, in connection with Complaint Case No.1136 (C) of 2015, subject to the condition as laid down under Section 438(2) of the Cr.P.C. but due to unavoidable circumstance, the petitioner could not surrender before the court below within time in connection with the aforesaid case. In that view of the matter, learned counsel for the petitioner prays for extension of the period of surrender of the petitioner in the court below in connection with the aforesaid case.

In view of the aforesaid submission of the learned counsel for the petitioner, the period of surrender of the petitioner in the court below in connection with the aforesaid case is further extended for a period of four weeks from today. With the aforesaid modification in the order dated 05.12.2017 passed in Criminal Misc. No.24370 of 2017, this application stands disposed of.

(Rajendra Kumar Mishra, J) P.S./- U T