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Patna High CourtCR. MISC./53420/2024allowed

Puja Arya @ Pooja Arya v. The State Of Bihar

2024-08-02Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53420 of 2024 In CRIMINAL MISCELLANEOUS No.45119 of 2023 Arising Out of PS. Case No.-524 Year-2019 Thana- DANAPUR District- Patna ====================================================== 1.

Puja Arya @ Pooja Arya DAUGHTER OF VIJYA KUMAR MohallaNasriganj, P.S- Danapur, District- Patna 2.

RENU KUMARI GUPTA @ RENU DEVI WIFE OF VIJAY KUMAR Mohalla- Nasriganj, P.S- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uma Shankar, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2024 Heard Mr. Uma Shankar, learned counsel for the petitioners and the State.

2. On 04.08.2023, the anticipatory bail application of the petitioners was allowed and one of the condition was that one of the bailor should be family members.

3. Though, only four weeks' time is granted, 11 months later, the modification petition has been filed submitting that in absence of any family member, they could not execute the bail bond.

4. Considering the inordinate delay, the petition was fit to be rejected but for the facts that both the petitioners are ladies and once relief has been granted, it would be futile

Patna High Court CR. MISC. No.53420 of 2024(2) dt.02-08-2024 2/3 rejecting the petition.

5. Mr. Uma Shankar, learned counsel for the petitioner submits that since neither the family nor the relatives may come forward to execute the bond, he submitting the names of the persons who will stand as a bailor named below: (i) Kapildeo Prasad, office in charge, Lawyer's Association, Patna High Court;

(ii) Deepak Kumar, Computer Man, Lawyer's Association;

(iii) Priya Arya, sister of petitioner no.1;

(iv) Pramod Rajpati, Advocate and (v) Baban Kumar, Advocate

6. Mr. Uma Shankar, learned counsel for the petitioners has provided the names of the aforesaid persons who will stand as bailor/identifier to the two petitioners. Appreciating the valuable assistance that Mr. Uma Shankar has rendered, the Cr. Misc. No. 53420 of 2024 stands modified. One of the condition is modified to the following extent: (i) one of the bailor should be the family member/relative/the names provided by Mr. Uma Shankar as

Patna High Court CR. MISC. No.53420 of 2024(2) dt.02-08-2024 3/3 incorporated above who shall provide official documents to show his/her bona fide.

7. In view of the fact that delay has occurred, further four weeks' time from today is granted to the petitioners to surrender before the court concerned.

8. It is made clear that if the petitioners fail to abide by the order and also execute bail bonds in next four weeks, no further modification petition will be considered/allowed.

9. The petition stands disposed of.

(Rajiv Roy, J) Ravi/- U T