Bijay Rai @ Vijay Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45826 of 2022 In CRIMINAL MISCELLANEOUS No.11480 of 2021 Arising Out of PS. Case No.-367 Year-2019 Thana- TARAIYA District- Saran ====================================================== 1.

Bijay Rai @ Vijay Ray Son Of Mathura Ray Resident of Village - Kharati, P.S. - Taraiya @ Taraiyan, District - Saran At Chapra (Bihar). 2.

Kishori Devi Wife of Bijay Rai @ Vijay Ray Resident of Village - Kharati, P.S. - Taraiya @ Taraiyan, District - Saran at Chapra (Bihar). 3.

Mala Devi Wife of Nitesh Kumar Resident of Village - Kharati, P.S. - Taraiya @ Taraiyan, District - Saran at Chapra (Bihar). 4.

Bibha Kumari @ Vibha Kumari Daughter of Bijay Rai @ Vijay Ray Resident of Village - Kharati, P.S. - Taraiya @ Taraiyan, District - Saran at Chapra (Bihar).

5.

Rahul Kumar Son of Bijay Rai @ Vijay Ray Resident of Village - Kharati, P.S. - Taraiya @ Taraiyan, District - Saran at Chapra (Bihar). ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sunaina Devi Wife of Santosh Ray and Daughter of Gati Ray Resident of Village - Newari, P.O. - Pachbhinda, P.S.- Taraiya, District - Saran at Chapra.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-09-2022 Heard learned advocate for the petitioners and the opposite parties.

The petitioners seek modification of the order dated 21.12.2021 passed in Cr. Misc. No. 11480 of 2021 The learned counsel for the petitioners has submitted that due to miscommunication, they could not surrender within

Patna High Court CR. MISC. No.45826 of 2022(2) dt.21-09-2022 2/2 the stipulated time before the court below to take advantage of the order.

For the reasons stated in the application, the prayer for extension of time for surrendering of the petitioners before the court below is allowed.

The order dated 21.12.2021 is modified to the extent that if the petitioners, above named, surrender before the learned court below within a period of four weeks from today, they will be accorded the privilege under the order dated 21.12.2021 on the same terms and conditions.

With the aforesaid modification, the application stands allowed.

(Ashutosh Kumar, J) rishi/- U T