Patna High CourtCR. MISC./16444/2016dismissed

Umesh Mehta v. State Of Bihar And ANR

2016-05-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16444 of 2016 ====================================================== Umesh Mehta Son of Chariter Mehta Resident of Village- Ratanpura, P.O.- Bharathauli, P.S.- Baroon, District- Aurangabad (Bihar). .... .... Petitioner

Versus

1. The State of Bihar

2. Manju Devi Wife of Umesh Mehta Resident of Village- Ratanpura, P.S.- Baroon, District- Aurangabad. At present resident of village- Bairiya, P.S.- Mali, District- Aurangabad (Bihar).

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Birendra Kumar Singh, Advocate.

For the Opposite Parties : Ms. Pronati Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-05-2016 Heard both sides.

This application has been filed for modification of the order dated 16.07.2015 in which it is prayed that period for surrendering of the petitioner be extended.

It has been submitted that the petitioner was granted anticipatory bail vide order dated 16.07.2015 passed in Cr. Misc. No. 48678 of 2014 in Complaint Case No. 459 of 2013, pending in the court of the Learned Sub-Divisional Judicial Magistrate, Aurangabad. The petitioner could not surrender in the court below within four weeks and that is why the petitioner has filed this petition for modification of the aforesaid order. It appears that the order granting anticipatory bail to the

Patna High Court Cr.Misc. No.16444 of 2016 (2) dt.12-05-2016 2/2 petitioner was passed on 16.07.2015 and the petition for modification is filed on 12.04.2016, i.e. after nine months of the order which shows sheer negligence on the part of the petitioner that in spite of granting anticipatory bail he did not surrender in the court below within stipulated period.

Considering the facts aforesaid, I do not find any justification to extend the period for surrendering of the petitioner. This modification petition is, accordingly, dismissed. (Prabhat Kumar Jha, J.) KKSINHA/- U T