Ramanand Sah And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43100 of 2015 ====================================================== Ramanand Sah & Ors .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. D.P.Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.

Petitioner seeks modification in para -1 of the order dated 30.07.2015 by which the petitioner was directed to deposit Rs.5,000/- in the Bank Account of Opposite Party no.2 every month by 5th day of next successive month.

It is submitted that the aforesaid order was received in the Court below on 5.8.2015 and therefore, the petitioner could not deposit the aforesaid amount and when the petitioner surrenders, learned Court below refused to accept the bail bond of the petitioner on the ground that the maintenance amount was not deposited within time from the order dated 30.7.2015. It appears that the order was passed on 30.07.2015 and the same was communicated to the learned Court below on 5.8.2015. Learned Court below should have accepted the bail bonds of the petitioner but he adopted a most technical approach by refusing to accept the

Patna High Court Cr.Misc. No.43100 of 2015 (2) dt.14-12-2015 2/2 bail bonds.

The learned Court below is directed to accept the bail bonds of the petitioner after giving him opportunity to pay the arrear of amounts within 2 weeks from the date of their release. The modification petition is disposed of.

(Prabhat Kumar Jha, J) siddharth/- U T