Meena Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37801 of 2019 In CRIMINAL MISCELLANEOUS No.43562 of 2014 Arising Out of PS. Case No.-49 Year-2014 Thana- SC/ST District- Nalanda ====================================================== 1.

MEENA DEVI Wife of Ram Pyare Prasad 2.

Sonu Kumar Son of Ram Pyare Prasad 3.

Ram Pyare Prasad @ Pyare Mahto Son of Late Gopinath Prasad All are resident of Village Khemanbigha, Police Station- Noor-Sarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan Prasad No. 1 For the Opposite Party/s :

Mr.Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2019 Heard the parites.

This modification application has been filed for modification in order dated 14.5.2015 passed in Cr. Misc. No.43562 of 2014 passed by the then Hon'ble Co-ordinate Bench of this Court.

Grounds for modification is that the petitioners had no knowledge about the appearance before the Investigating Officer and to surrender, as such they could not appear. Heard learned APP.

On perusal of the record, it appears that order has been passed in the year, 2015 and after four years from the date

Patna High Court CR. MISC. No.37801 of 2019(2) dt.21-06-2019 2/2 of order, this modification application has been filed. In such view of the matter, I find no ground for modifying the order dated 14.5.2015 passed in Cr. Misc. No43562 of 2014, however, if the petitioner surrenders and pray for regular bail, the same shall be considered on its own merit without being prejudiced by the order of this Court. With the above direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U