Suchita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42092 of 2019 In CRIMINAL MISCELLANEOUS No.14388 of 2018 Arising Out of PS. Case No.-378 Year-2017 Thana- SHERGHATI District- Gaya ====================================================== Suchita Kumari, Wife of Kapildeo Prasad, Resident of Village-Baksoli, P.S.- Dobhi, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amish Kumar, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2019 This petition has been filed for modification of the order dated 12.04.2018 passed in Criminal Misc. No.14388 of 2018 by this Court.

Submission of the learned counsel for the petitioner is that earlier prayer for bail of the petitioner was allowed on condition by this Court, vide order dated 12.04.2018 passed in Criminal Misc. No.14388 of 2018. The last para of the said order is as under:

"Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender within a period of four weeks from the date of receipt of this order and on her surrender, she shall be released on provisional bail till submission of the charge-sheet and once the charge is submitted against the petitioner, she has to surrender and make prayer for regular bail, which will be considered on the basis of materials available at that time."

Patna High Court CR. MISC. No.42092 of 2019(2) dt.11-07-2019 2/2 It has also been submitted that now charge sheet has been submitted, as such, petitioner seeks modification of earlier order and he may be allowed bail even after submission of charge sheet.

Heard learned APP also.

Having heard both sides, in view of the fact that earlier after hearing both the parties, a direction has been given as stated above, I am not inclined to interfere with that. The petitioner is always at liberty to move for regular bail, which will be considered by the learned court below on the basis of materials available on record as well as submission of the petitioner, if possible to be disposed of on the same day. With the above observations, this application is disposed of.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T