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Patna High CourtCR. MISC./49348/2022allowed

Rekha Devi v. The State Of Bihar

2022-09-21Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49348 of 2022 In CRIMINAL MISCELLANEOUS No.14983 of 2021 Arising Out of PS. Case No.-294 Year-2020 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

REKHA DEVI Wife of Pappu Alam @ Pappu Prasad Resident of Mohalla - Nooranganj, P.S.- Sasaram Nagar, Dist.- Rohtas at Sasaram. 2.

Akash Kumar Son of Pappu Alam @ Pappu Prasad Resident of Mohalla - Nooranganj, P.S.- Sasaram Nagar, Dist.- Rohtas at Sasaram. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-09-2022 Heard learned counsel for the petitioners and the State.

Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The present application has been filed for modification of the order dated 24-02-2022 passed in Cr. Misc. No. 14983 of 2021 by which the petitioners were granted anticipatory bail in connection with Sasaram Nagar P.S. Case No. 294 of 2020 pending in the court of learned Chief Judicial Magistrate, Rohtas at Sasaram.

It is submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.49348 of 2022(2) dt.21-09-2022 2/2 petitioner No. 1 was suffering from cancer and she was being treated in Mumbai, Maharashtra and that is why, the petitioners could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioners that further time may be extended so that the petitioners could surrender in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the order dated 24-02-2022 passed in Cr. Misc. No. 14983 of 2021 is modified to the extent that the period of surrender of the petitioners in the court below is extended for a further period of six weeks from the date of receipt/production of a copy of this order.

The rest of the conditions shall remain the same as mentioned in the order dated 24-02-2022 passed in Cr. Misc. No. 14983 of 2021.

Accordingly, this modification application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U T