Patna High CourtCR. MISC./830/2016allowed

Rajesh Das v. The State Of Bihar

2016-02-03Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.830 of 2016 ====================================================== Rajesh Das Son of Fuleshwar Das Resident of Village- Hiratarh ,P.s Charkapathar, District Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satya Prakash Parasar, Advocate For the State : Mr. R.P.Saran Singh, APP ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and the State. This application has been filed by the petitioner for modification of order dated 23.7.2015 passed in Cr. Misc. No. 843/2015.

Vide order dated 23.7.2015 passed in Cr. Misc. No. 843/2015 petitioner was directed to surrender before the court below within a period of four weeks which will grant provisional bail to the petitioner for a period of four weeks on furnishing necessary bail bonds and other conditions as stated in the order and eventually the Jhajha Police was directed to go at the place where the petitioner's wife is residing and if she recovered from such place then report would be submitted before the court below and, thereafter, provisional bail of the petitioner would be confirmed after recording statement of wife under Section 164

Patna High Court Cr.Misc. No.830 of 2016 (3) dt.03-02-2016 2/2 Cr.P.C..

However, it is contended that in the facts and circumstances mentioned in this application the petitioner could not surrender within four weeks as stated and at the same time it is stated that his wife has already been recovered by the police and the statement under Section 164 Cr.P.C. has been recorded. In above view of the matter, the period of surrender before the court below is extended till four weeks from today. Thereafter, the court below would proceed in accordance with law and the direction given in the order dated 23.7.2015 passed in Cr. Misc. No. 843/2015. .

Accordingly, the order no. 5 dated 23.7.2015 passed in Cr. Misc. No. 843/2015 stands modified to the aforesaid extent only.

This application is disposed of.

(Dr. Ravi Ranjan, J) Spd/- U T