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Patna High CourtCR. MISC./16296/2021allowed

Samsher Mansuri v. The State Of Bihar

2022-02-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16296 of 2021 In CRIMINAL MISCELLANEOUS No.44432 of 2019 Arising Out of PS. Case No.-1307 Year-2018 Thana- BHABHU(KAIMUR) COMPLAIN C District- Kaimur (Bhabua) ====================================================== SAMSHER MANSURI Son of Ashgar Ali Mansuri @ Asgar Ali Resident of Village - Bairibandh, P.S.- Karahgar, Dist.- Rohtas at Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sakila Khatoon Wife of Samsher Mansuri Resident of Village - Bairibandh, P.S.- Karahgar, Dist.- Rohtas at present D/o Kalamudin sekh, Vill.- Bhadari, P.S.- Bhabua, Dist.- Bhabua, Kaimur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and the State.

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

The present application has been filed for modification of the order dated 04-11-2019 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 44432 of 2019 by which the petitioner was directed to appear before the court below on 1411-2019 in connection with Complaint Case No. 1307 of 2018 pending in the court of learned Additional Chief Judicial

Patna High Court CR. MISC. No.16296 of 2021(2) dt.23-02-2022 2/2 Magistrate, Kaimur at Bhabua.

It is submitted on behalf of the petitioner that due to going out of state for earning his livelihood, the petitioner could reach his home after expiry of fixed date to appear before the court below. It is further prayed on behalf of the counsel for the petitioner that further time may be extended so that the petitioner could appear before the court below. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period to appear before the court below is extended for a further period of eight 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 04-11-2019 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 44432 of 2019. The order dated 04-11-2019 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 44432 of 2019 is modified to the extent as indicated above.

The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.//- U T