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Patna High CourtCR. MISC./57532/2023disposed

Rajesh Malakar v. The State Of Bihar

2023-09-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57532 of 2023 In CRIMINAL MISCELLANEOUS No.14789 of 2023 Arising Out of PS. Case No.-634 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== RAJESH MALAKAR S/O GANESH MALAKAR R/O VILLAGEKAMALPUR, PS. KHAGARIA, DISTT. KHAGARIA ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

MADHU KUMARI D/O LALIT MALAKAR R/O VILLAGEJAMALPUR, PS. GOGARI, DISTT. KHAGARIA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar, Advocate For the Opposite Party/s :

Mr.Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2023

1. The present petition has been filed for modifying the order dated 23.05.2023, passed in Criminal Miscellaneous No.14789 of 2023, to the extent that the time granted to the petitioner to surrender before the learned Court of Sub-Divisional Judicial, Magistrate, District-Khagaria in connection with Khagaria P.S. Case No.634 of 2021, for the purposes of availing the privilege of provisional bail, be extended by a further period of four weeks from today.

2. The learned counsel for the petitioner submits that the petitioner is working in Kerala, hence he could not be timely communicated about the said order dated 23.05.2023, resulting in him not being able to surrender before the learned Trial

Patna High Court CR. MISC. No.57532 of 2023(2) dt.01-09-2023 2/2 Court, within the stipulated time frame, hence a sympathetic view be taken and the time granted to surrender before the learned Trial Court be extended.

3. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the averments made in the present petition, I deem it fit and proper to extend the time granted to the petitioner to surrender before the learned Trial Court and avail the privilege of provisional bail, by a further period of four weeks from today.

4. The present petition stands disposed off with the aforesaid modification in the order dated 23.05.2023, passed in Criminal Miscellaneous No.14789 of 2023.

(Mohit Kumar Shah, J) sonal/- U T