Shayada Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9990 of 2021 In CRIMINAL MISCELLANEOUS No.8303 of 2020 Arising Out of PS. Case No.-124 Year-2019 Thana- JADOPUR District- Gopalganj ====================================================== 1.

SHAYADA KHATOON W/o Late Taj Mohammad R/o village- Tiwari Khareya, P.S.- Gopalpur, District- Gopalganj 2.

SAKINA KHATOON D/o Taj Mohammad R/o village- Tiwari Khareya, P.S.- Gopalpur, District- Gopalganj 3.

CHANDA KHATOON D/o Late Taj Mohammad R/o village- Tiwari Khareya, P.S.- Gopalpur, District- Gopalganj 4.

MAIRU NESHA @ AMINA KHATOON @ MAIRUN KHATOON W/o Asalam Alam, D/o Late Taj Mohammad R/o village- Nirajna Dharampur, P.S.- Jadopur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Javed Aslam, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-07-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioners and the learned APP for the State.

Patna High Court CR. MISC. No.9990 of 2021(2) dt.14-07-2021 2/3 The present petition has been filed for modification of the order dated 19.06.2020, passed in Cr. Misc. no. 8303 of 2020 to the extent that the time granted to the petitioners to surrender be extended by a further period of four weeks from today.

The learned counsel for the petitioners submits that conditional anticipatory bail was granted to the petitioners by the aforesaid order dated 19.06.2020 and it was postulated that the petitioners would be granted anticipatory bail as and when they submit the proof of surrender of the husband of the deceased victim lady namely Firoz Mian. The learned counsel for the petitioners submits that since the husband of the deceased victim lady was abroad and was not able to come to India on account of prevailing situation due to Covid-19 Pandemic, it took sometime for him to come to India and surrender before the learned court below, whereafter he is langushing in custody.

The learned APP for the State does not oppose the extension of time to be granted to the petitioner to surrender before the learned court below.

Having regard to the facts and circumstances of the case and considering the averments made in the present petition,

Patna High Court CR. MISC. No.9990 of 2021(2) dt.14-07-2021 3/3 I deem it fit and appropriate to grant further four weeks' time to the petitioners to surrender before the learned court of Judicial Magistrate 1st class, Gopalganj in connection with Jadopur PS case no. 124 of 2019. It is needless to state that the other conditions stipulated in the aforesaid order dated 19.06.2020 shall remain the same.

The present petition stands allowed with the aforesaid modification in the order dated 19.06.2020, passed in Cr. Misc. no. 8303 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T