Pinki Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46847 of 2021 Arising Out of PS. Case No.-213 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

PINKI KUMARI D/o Rameshwar Rai Resident of Village- Khodha Tola, Baxwaria, P.S.- Chiraiya, District- East Champaran. 2.

Kishmatiya Devi W/o Rameshwar Rai Resident of Village- Khodha Tola, Baswaria, P.S.- Chiraiya, District- East Champaran. 3.

Sarita Devi W/o Madan Rai Resident of Village- Khodha Tola, Baswaria, P.S.- Chiraiya, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Dhurendra Kumar For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-08-2022 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month. Heard the learned counsel for the petitioners as well as Mr. Jharkhandi Upadhyay, the learned Additional Public Prosecutor for the State.

Vide impugned order dated 21st of October, 2020, the learned Sessions Judge, East Champaran rejected the prayer for extension of time to surrender the petitioners before the learned court below on the ground that they were aspiring to surrender after a lapse of considerable delay.

The learned counsel for the petitioners has submitted that the petitioners are ladies. They were granted anticipatory bail by

Patna High Court CR. MISC. No.46847 of 2021(2) dt.01-08-2022 2/2 the learned Sessions Judge, vide order dated 18.12.2019, in A.B.P. No. 2985 of 2019. They were directed to surrender before the court below within a period of four weeks. The learned counsel has submitted further that in that bail petition, some male members were also petitioners, but their bail petition was rejected and since the petitioners are ladies, their anticipatory bail petition was considered, but due to mistake that their anticipatory bail petition has also been rejected along with male members, they could not surrender before the court below, within time. Considering the above-mentioned facts and circumstances, the time for surrender given by vide order dated 18.12.2019 is extended for a period of four weeks from the date of receipt of a copy of this order to the court below. With these observations, this criminal miscellaneous petition is being disposed of.

Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Mahesh/- U T