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Patna High CourtCR. MISC./9431/2021allowed

Awadhesh Sharma v. The State Of Bihar

2022-02-23Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9431 of 2021 In CRIMINAL MISCELLANEOUS No.20634 of 2020 Arising Out of PS. Case No.-605 Year-2019 Thana- MUNGER COMPLAINT CASE District- Munger ====================================================== AWADHESH SHARMA Son of Shivnarayan Sharma Resident of Village - Khawaspur Milik, P.S.- Pirpati, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sangita Kumari Wife of Bipin Kumaar Sharma Resident of Village - Khawaspur, P.S.- Pirpati, Distt.- Bhagalpur, At present resident of village - Bari Madhuwan Dariyapur, P.S.- Kharagpur, Distt.- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan For the Opposite Party/s :

Mr. Jainandan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-02-2022 Heard learned counsel for the petitioner and the State. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The present application has been filed for modification of the order dated 14-07-2020 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 20634 of 2020 by which the petitioner was granted provisional anticipatory bail in connection with Complaint Case No. 605C of 2019 pending in the court of learned Sub Divisional Judicial Magistrate, Munger. It is submitted on behalf of the petitioner that due to Covid-

Patna High Court CR. MISC. No.9431 of 2021(2) dt.23-02-2022 2/2 19 pandemic, the petitioner could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioner that further time may be extended so that the petitioner could surrender in the court below. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions shall remain the same as mentioned in the order dated 14-07-2020 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 20634 of 2020. The order dated 14-07-2020 passed by a coordinate bench (then His Lordship was) in Cr. Misc. No. 20634 of 2020 is modified to the extent as indicated above.

The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.//- U T