Patna High CourtCR. MISC./4445/2016disposed

Lalo Devi And ORS v. The State Of Bihar

2016-02-19Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4445 of 2016 Arising Out of PS.Case No. -70 Year- 2015 Thana -KAUAKOL District- NAWADA ======================================================

1. Lalo Devi Wife of Rajo Yadav,

2. Puja Devi, Daughter of Rajo Yadav, Both residents of village - Rampur, Balua, P.S. - Kauakol, District - Nawada.

3. Rekha Devi, Wife of Anil Yadav, Resident of Village - Aita Bazar, P.S. - Chandradeep District - Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mritunjay Prasad Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-02-2016 The present application has been filed for quashing the order dated 08.01.2016 passed by learned Sessions Judge, Nawada in Cr. Misc. Case No. 01 of 2016 whereby the petitioners' application for extending the period of surrender has been rejected.

The petitioner was granted anticipatory bail vide order dated 25.08.2015 passed in A.B.P. No. 701 of 2015 by learned Sessions Judge in connection with Kawakol P.S. Case No. 70 of 2015 registered for the offences punishable under Sections 448, 341, 323, 337, 308, 379 and 504/34 of the IPC and Section 3 (I) (X) of the SC/ST (Prevention of Atrocities) Act with a direction to surrender within a period of fortnight but the petitioners could not

Patna High Court Cr.Misc. No.4445 of 2016 (2) dt.19-02-2016 2/2 surrender within stipulated time since they were not properly informed.

Considering the ground taken in the quashing application, the order dated 08.01.2016 passed in Cr. Misc. Case No. 01 of 2016 by learned Sessions Judge, Nawadah is hereby quashed. The period of surrender is extended by two weeks from the date of receipt/production of the copy of the order. However, the other terms and conditions will remain same as stipulated in the initial order dated 25.08.2015 passed in A.B.P. No. 701 of 2015.

Accordingly, the present application is allowed. (Dinesh Kumar Singh, J) Amrendra/- U T