Sk. Ayub v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72875 of 2022 In CRIMINAL MISCELLANEOUS No.57697 of 2019 Arising Out of PS. Case No.-136 Year-2019 Thana- DHAKA District- East Champaran ====================================================== 1.

SK. AYUB Son of Late Sk. Hadis R/v- Garahiya, P.S.- Dhaka, District- East Champaran 2.

MAHENAZ D/o Sk. Ayub R/v- Garahiya, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

AZIMA KHATOON Wife of Sk. Nurul Haque @ Kanhai and daughter of Qmruddin R/v- Garahiya, P.S.- Dhaka, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-05-2023 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The present application has been filed for modification of the order dated 31-08-2021 passed in Cr. Misc. No. 57697 of 2019 by which the petitioners were granted anticipatory bail in connection with Dhaka P.S. Case No. 136 of 2019 pending in the court of learned Sub Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, Motihari.

Patna High Court CR. MISC. No.72875 of 2022(3) dt.03-05-2023 2/2 It is submitted on behalf of the petitioners that due to some unavoidable circumstances, the petitioners could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioners that further time may be extended so that the petitioners could surrender in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the order dated 31-08-2021 passed in Cr. Misc. No. 57697 of 2019 is modified to the extent that the period of surrender of the petitioners in the court below is extended for a further period of six 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 31-08-2021 passed in Cr. Misc. No. 57697 of 2019.

Accordingly, this modification application stands disposed of.

(Sudhir Singh, J) A.K.V.//- U T