Patna High CourtCR. MISC./9613/2016allowed

Nusarat Khanam v. State Of Bihar And ANR

2016-05-06Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9613 of 2016 Arising Out of PS.Case No. -1534 Year- 2012 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Nusarat Khanam wife of Babloo Khan Resident of village- Chaita Choram Paithan Toli, P.S. Pakari Dayal, District East Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mussarrat Khanam Daughter of Md. Aslam Khan, Resident of villageChaita Chorma Paithan Toli, P.S. Pakari Dayal District- East Champaran, Presently resided at Joriyahi, P.S. Bairginia, District- Sitamarhi .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate For the Opposite Party/s : Mr. Nityanand(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-05-2016 The present application has been field for quashing of the order dated 11.01.2016 passed in Complaint Case No. 1534 of 2012, whereby the learned Sessions Judge, Sitamarhi refused to extend the period of surrender as the petitioner was granted anticipatory bail vide order dated 03.02.2015 passed in A.B.P. No. 1913 of 2014. The petitioner is accused in a Complaint Case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

Considering the nature of accusation, the order dated 11.01.2016 passed in Complaint Case No. 1534 of 2012 is hereby quashed. The period of surrender is extended by three

Patna High Court Cr.Misc. No.9613 of 2016 (3) dt.06-05-2016 weeks from the date of receipt/production of a copy of this order in connection with Complaint Case No. 1534 of 2012 and thereby order dated 03.02.2015 passed in A.B.P. No. 1913 of 2014 is modified to the extent indicated above. According, the quashing application stands allowed.

(Dinesh Kumar Singh, J) P.K./- U T