Patna High CourtCR. MISC./38932/2022disposed

Md. Sarfaraz @ Md. Sarfaraz Khan v. The State Of Bihar

2023-01-18Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38932 of 2022 In CRIMINAL MISCELLANEOUS No.5957 of 2020 Arising Out of PS. Case No.-702 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Md. Sarfaraz @ Md. Sarfaraz Khan, male, aged about 33 years, son of Md. Yasin Khan, resident of village - Kabirpur, P.S. - Nath Nagar (Lalmatiya), District - Bhagalpur.

... ... Petitioner

Versus

1. The State of Bihar

2. Saba Parween, D/o Md. Shamim, resident of village - Sujawalpur, P.S. - Muffasil, District - Munger.

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-01-2023 Learned counsel for the petitioner submits that this case has been wrongly listed under the present heading. It was to be listed under the heading "For Admission". In the aforesaid view of the matter, this application has been taken up for consideration.

This application has been filed for modification in the order dated 28.08.2020 passed in Cr. Misc. No. 5957/2020 arising out of Nath Nagar (Lalmatiya) P.S. Case No. 702/2018 registered under Section 341, 323, 498(A), 504, 506/34 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act as the petitioner could not surrender in the learned court below and furnish bail bond due to Covid-19 Pandemic.

Patna High Court CR. MISC. No.38932 of 2022(3) dt.18-01-2023 2/2 Having regard to the facts and circumstances of the case particularly the fact that during this period there was a spread of Covid-19 Pandemic and for that reason the petitioner could not furnish the bail bond in terms of the order dated 28.08.2020 passed in Cr. Misc. No. 5957/2020, this Court directs that in case the petitioner surrenders in the learned court below and furnish his bail bond within a period of three weeks from today in terms of the order dated 28.08.2020 passed in Cr. Misc. No. 5957/2020, he will be given the benefit of the said order.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T