Prakash Bind v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52400 of 2018 ====================================================== PRAKASH BIND, Son of Chalitar Bind, R/o Village- Gauri Bigha, P.S.- Chandi, Distt- Nalanda.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Kiran Devi, W/o Prakash Bind, D/o Ganga Bishun, R/o Birju Malki, P.S.- Harnaut, Distt- Nalanda.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Upendra Kumar, Advocate. For the State : Mr. Madan Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 06-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 24.07.2018 passed in Cr. Misc. No. 44965 of 2018, by which the petitioner was granted anticipatory bail in connection with Complaint Case No. 763C of 2016, pending in the court of learned A.C.J.M.-5, Nalanda at Bihar Sharif' and the petitioner was directed to surrender in the court below within a period of six weeks and furnish bail bond.

Learned counsel for the petitioner submits that due to some unavoidable reasons the petitioner could not surrender in the court below well within time. It is prayed on behalf of the learned

Patna High Court Cr.Misc. No.52400 of 2018 (2) dt.06-09-2018 2/2 counsel for the petitioner that case number may be corrected at last para in the order dated 24.07.2018 passed in Cr. Misc. No. 44965 of 2018 as 'Complaint Case No. 763C/2006', in place of 'Complaint Case No. 763C/2016'. It is further submitted that further time may be extended so that the petitioner could surrender in the court below and furnish bail bond.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, let the case number at last para in the order dated 24.07.2018 passed in Cr. Misc. No. 44965 of 2018 be read as 'Complaint Case No. 763C/2006' in place of 'Complaint Case No. 763C/2016', and the period of surrender of the petitioner 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 stipulated in the order will be same. The order dated 24.07.2018 passed in Cr. Misc. No. 44965 of 2018, is modified to the extent as indicated above. Let this order be communicated to the learned court below through e-mail.

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