Patna High CourtCR. MISC./32364/2017dismissed

Saraswati Kuer And ORS v. The State Of Bihar

2017-09-14Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32364 of 2017 ======================================================

1. Saraswati Kuer, wife of Late Dilkeshwar Singh @ Dhameshwar Singh.

2. Sunil Singh

3. Pravesh Singh @ Praveen Singh.

Both Sons of Late Dilkeshwar Singh, resident of Village- Kusha, P.S. Obera District Aurangabad, at present residing at Dharamshala Road Tikri Mohalla in front of Gas Agency, Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 14-09-2017 Heard.

This application has been filed on behalf of the petitioners for modification of the order dated 22.11.2013 passed in Criminal Misc. No.30687 of 2013 by a Bench of this Court with regard to extension of time of surrender of the petitioners in the court below in connection with Obra P.S. Case No.146 of 2008. It appears that vide order dated 22.11.2013 passed in Criminal Misc. No.30687 of 2013 by a Bench of this Court, the petitioners, above named, and one Mostt. Akash Kuer, were directed to be released on bail, in the event of their arrest or surrender before the court below within four weeks from the date

Patna High Court Cr.Misc. No.32364 of 2017 (2) dt.14-09-2017 2/2 of that order, on furnishing bail bonds of Rs.10,000/-(Ten Thousand only) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Obra P.S. Case No.146 of 2008, subject to condition laid down under Section 438(2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. I find no reason to modify the order dated 22.11.2013 passed in Criminal Misc. No.30687 of 2013 by a Bench of this Court with regard to extension of time of surrender of the petitioners in the court below in connection with Obra P.S. Case No.146 of 2008 after 45 months.

Accordingly, this application stands dismissed. (Rajendra Kumar Mishra, J) P.S./- U T