Kedar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47763 of 2021 In CRIMINAL MISCELLANEOUS No.26267 of 2020 Arising Out of PS. Case No.-440 Year-2019 Thana- HISUWA District- Nawada ====================================================== 1.

KEDAR PANDIT S/O DEV KUMAR PANDIT R/o village- Srirampur, P.S.- Hisua, District- Nawada.

2.

INDU DEVI W/o Kedar Pandit R/o village- Srirampur, P.S.- Hisua, DistrictNawada ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-08-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and the learned APP for the State.

At the outset, the learned counsel for the petitioners

Patna High Court CR. MISC. No.47763 of 2021(2) dt.25-08-2021 2/3 has submitted that the name of the father of the petitioner no. 1 has been wrongly typed in the earlier petition as Dev Dumar Pandit instead of Dev Kumar Pandit, hence the same be directed to be rectified. Accordingly, the said error, which has crept in the earlier petition, is directed to be rectified and the name of the father of the petitioner no. 1 shall be deemed to be read as Dev Kumar Pandit.

The present petition has been filed seeking modification of the order dated 19.10.2020, passed in Cr. Misc. no. 26267 of 2020 to the extent that the time granted to the petitioners for surrendering before the learned court of S.D.J.M. Nawada in connection with Hisua PS case no. 440 of 2019, be extended by a further period of four weeks from today in order to enable the petitioners to surrender before the learned court below and seek the privilege of bail.

The learned counsel for the petitioners has submitted that the petitioners could not surrender before the learned court below within the stipulated time fixed by this Court for availing the privilege of anticipatory bail on account of the prevailing Covid-19 pandemic situation, however the petitioners undertakes to surrender within the extended time so fixed by

Patna High Court CR. MISC. No.47763 of 2021(2) dt.25-08-2021 3/3 this Court.

The learned APP for the State Ms. Anita Kumari Singh has got no objection.

Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the submissions made by the learned counsel for the petitioner, I deem it fit and proper to extend the time period granted to the petitioner to surrender before the learned court of S.D.J.M. Nawada in connection with Hisua PS case no. 440 of 2019, by a further period of four weeks from today.

The present petition stands disposed of with the aforesaid modification in the order dated 19.10.2020, passed in Cr. Misc. no. 26267 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T