Kishori Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57813 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- MAKHDUMPUR District- Jehanabad ====================================================== KISHORI SINGH, Son of Late Raghunandan Singh, Resident of Village - Kamalpur, P.S.- Makhdumpur, Dist.- Jehanabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nitya Nand Neeraj, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2019 Heard the parties.

By order dated 15.12.2018 passed in A.B.P. No. 1881 of 2018, the learned Sessions Judge, Jehanabad granted anticipatory bail to the petitioner in connection with Makhdumpur P.S. Case No. 384 of 2018, a case under Sections 341, 342, 323, 354 and 379/34 of the Indian Penal Code. Four weeks time was allowed to the petitioner for furnishing bail bond which the petitioner could not furnish and thereafter petitioner made prayer for extension of time in Cr. Misc. No. 19 of 2019. The prayer was refused by the impugned order dated 30.05.2019.

The said order is under challenge in this application on the ground that just for simple laches, which was under the circumstances beyond control of the petitioner as the petitioner was ill, the petitioner should not be punished.

Patna High Court CR. MISC. No.57813 of 2019(3) dt.09-12-2019 2/2 Considering the substance in the prayer, the impugned order is hereby set aside and the petitioner is directed to furnish bail bond in pursuance of order of anticipatory bail dated 15.12.2018 within further six weeks from today on depositing rupees three thousand in the Victim Compensation Fund. Accordingly, this application stands allowed. (Birendra Kumar, J) Kundan/- U T