Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31151 of 2020 In CRIMINAL MISCELLANEOUS No.56867 of 2019 Arising Out of PS. Case No.-28 Year-2019 Thana- MAHILA P.S. District- Patna ====================================================== Abhishek Kumar Son of Umesh Singh Resident of Village- Chhitnawan, Police Station- Maner, District- Patna.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Madhumita Kumari @ Sushmita Sinha Daughter of Kumari Sanju Sinha and Late Shashi Kant Singh Resident of Mohalla- Deva Ram Ke Chak (Marchi), Post Office- Begampur, Police Station- Chowk, District- Patna, At present Primary Cum Middle School Gadanpura, Post Office- Bajitpur, Mudhari, Policed Station- Chandi, District- Patna.

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

For the Petitioner/s :

Mr.Dhananjay Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 30-01-2021 This petition has been filed for modification in order dated 05.03.2020 passed in Cr. Misc. No. 56867 of 2019. Learned counsel appearing for the petitioner submits that petitioner was granted anticipatory bail by this Court vide order dated 05.03.2020 passed in Cr. Misc. No. 56867 of 2019 with direction to the petitioner to surrender before the court below within eight weeks from the date of receipt of the aforesaid order to the concerned court but unfortunately as well as due to unavoidable circumstance, petitioner could not surrender before the court below within time as framed by this

Patna High Court CR. MISC. No.31151 of 2020(2) dt.30-01-2021 2/2 Court because petitioner being an Army Personnel was posted at Leh and due to prevalent situation of Covid-19 and lock down, he could not attend the court and, furthermore, he was not granted leave by his department. He further submits that now petitioner wants to surrender before the court below in the light of order dated 05.03.2020 passed in Cr. Misc. No 56867 of 2019.

Considering the aforesaid facts and circumstances as well as submissions of learned counsel of the petitioner the period of surrender before the court below is extended for further eight weeks from today and accordingly, the order dated 05.03.2020 passed in Cr. Misc. No. 56867 of 2019 is modified to the above stated extent.

In the aforesaid manner, this petition stands disposed of.

(Hemant Kumar Srivastava, J) N.K/- U T