Patna High CourtCR. MISC./8360/2021dismissed

Md. Saiful v. The State Of Bihar

2021-01-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8360 of 2021 In CRIMINAL MISCELLANEOUS No.42936 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- AMAUR District- Purnia ====================================================== 1.

MD. SAIFUL Son of Md. Wasim @ Md Fakir Resident of Village - Ramnagar, P.S.- Amaour, District - Purnea 2.

Keshawari Wife of Md. Saiful Resident of Village - Ramnagar, P.S.- Amaour, District - Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Fazle Karim For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2021 Heard both sides.

The petitioners filed this petition for modification of the order dated 07.08.2018 passed in Cr. Misc. No. 42936 of 2018 by which six persons, including the petitioners, were granted anticipatory bail.

The learned counsel for the petitioners submits that petitioners could not surrender in court in time as they went outside the village for earning their livelihood but from the records, it appears that petitioners and four others were granted anticipatory bail vide order dated 07.08.2018. The petitioner No.1 is cousin of the husband of the deceased and petitioner No.2 is wife of petitioner No.1. The reasons shown in the

Patna High Court CR. MISC. No.8360 of 2021(2) dt.30-01-2021 2/2 petition are not satisfactory. The petitioners filed this petition for modification only after two and half years of the order passed in Cr. Misc. 42936 of 2018.

Taking into consideration the facts aforesaid, I do not find any reason to modify the order. This modification petition is, accordingly, dismissed.

However, if the petitioners surrender in the court below, the learned court below shall consider the prayer for regular bail of the petitioners on merits and also taking into consideration the facts that petitioners were granted anticipatory bail and dispose of the bail petition, preferably, on the same day. (Prabhat Kumar Jha, J) BKS/- U T