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Patna High CourtCR. MISC./54663/2021disposed

Kavita Devi v. The State Of Bihar

2021-12-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54663 of 2021 In CRIMINAL MISCELLANEOUS No.20665 of 2020 Arising Out of PS. Case No.-137 Year-2018 Thana- ARIYARI District- Sheikhpura ====================================================== 1.

KAVITA DEVI Wife of Umesh Prasad Resident of Village- Hussainabad, P.S.- Ariyari, District- Sheikhpura.

2.

Nilam Devi Wife of Ashok Mahto Resident of Village- Hussainabad, P.S.- Ariyari, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-12-2021 Heard.

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

This application has been filed for modification of order dated 14-07-2020 passed by a Co-ordinate Bench (then His Lordship was) of this court in Cr. Misc. No. 20665 of 2020, by which it was observed "However, if the petitioners are ready to deposit the loss amount, learned Court below may consider the prayer for regular bail, if the petitioners surrender within a period of ten weeks from today in connection with Ariyari P.S. case No.137 of 2018, pending in the Court of learned Sub

Patna High Court CR. MISC. No.54663 of 2021(2) dt.15-12-2021 2/2 Divisional Judicial Magistrate, Sheikhpura."

Learned counsel for the petitioners submits that due to Covid-19 lockdown, they could not be able to comply with the observations and surrender within the stipulated time. Hence, a prayer has been made for extension of time to surrender in the court below.

Accordingly, the order dated 14-07-2020 passed in Cr. Misc. No. 20665 of 2020 is modified to the extent that further eight weeks time from today is granted to the petitioners to surrender in the court below. If the petitioners surrender and pray for regular bail, the court below shall consider the same on its own merit. All other terms and conditions shall remain the same as mentioned in the order dated 14-07-2020 passed in Cr. Misc. No. 20665 of 2020.

Accordingly, this modification application stands disposed of.

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