Babloo Singh @ Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49979 of 2016 ====================================================== Babloo Singh @ Bablu Singh, Son of Lalan Singh, resident of villageJudkan, P.S. Hussainganj, District- Siwan. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-11-2016 Heard learned counsel for the petitioner and the State. The present application has been filed for modification of the order dated 15.05.2015 passed in Criminal Miscellaneous No.17488/2015 for extending the period for surrender.

The petitioner was granted bail, in Siwan Nagar P.S. Case No.09/2014 for the offences punishable under sections 477, 467, 468, 471 and 120B IPC.

The prosecution case is that the petitioner being the younger brother of the informant got a forged Will executed in favour of his wife alleged to be executed by his father on 30.07.1996 when his father died on 05.07.1996. It was submitted by learned counsel for the petitioner that neither there is anything on record to suggest that his father

Patna High Court Cr.Misc. No.49979 of 2016 (2) dt.23-11-2016 2/2 died prior to the execution of the Will or the alleged Will was ever probated.

It is submitted by learned counsel for the petitioner that since the petitioner resides abroad he could not furnish the bail bond within the stipulated period of twelve weeks. Considering the fact that the present application has been registered on 18.11.2016 for modification of the order dated 15.05.2015, this Court is not inclined to entertain the prayer for modification of the order aforesaid. However, since the petitioner was granted bail on merit, it is a case for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of four weeks in connection with Siwan Nagar P.S. Case No.09/2014, pending before the learned CJM, Siwan. With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T