Kanti Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37348 of 2016 ======================================================

1. Kanti Devi, wife of Mahesh Rai

2. Kiran Devi, wife of Jitendra Rai Both are resident of village- Basantpur, P.S.- Paroo, District- Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar Jha, Advocate. For the State : Mr. Sri Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard both sides.

This petition is filed for modification of the order dated 9.4.2015 passed in Cr. Misc.49379 of 2014. It appears that the petitioners were granted anticipatory bail vide order dated 9.4.2015 passed by this Court in Cr. Misc. No. 49379 of 2014 with a direction to the petitioner to surrender within four weeks, but the petitioner did not surrender in the court below.

Learned counsel for the petitioners submits that the petitioners went to Assam to look after Renuka Rai, wife of Sanjit Rai, who was under the family way but, it appears that the order was passed on 9.4.2015 and both the petitioners for the reasons best known to them, did not appear for more than a year in the

Patna High Court Cr.Misc. No.37348 of 2016 (2) dt.14-12-2016 2/2 court below to get bail. The petitioners filed this petition for modification of the aforesaid order only on 26.8.2016 i.e. after more than one year and four months. They have not given any sufficient reason for their not surrendering in the court below. Considering the aforesaid facts and circumstances of the case, I do not find any justification for modification of the order aforesaid.

Accordingly, the petition is dismissed.

(Prabhat Kumar Jha, J) S.Ali/- U T