Sundeshwar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60812 of 2024 In CRIMINAL MISCELLANEOUS No.80817 of 2023 Arising Out of PS. Case No.-127 Year-2023 Thana- MUSAHARI District- Muzaffarpur ====================================================== 1.

Sundeshwar Kumar Son of Nathuni Sahani R/o Village- Aathar Basmam PsMushari Dist- Muzaffarpur 2.

Sonu Kumar son of Nathuni Sahani R/o Village- Aathar Basmam PsMushari Dist- Muzaffarpur 3.

Kunni Devi Wife of Nathuni Sahani R/o Village- Aathar Basmam PsMushari Dist- Muzaffarpur 4.

Sita Devi Wife of Sunil Sahani R/O Village- Aathar Basmam Ps- Mushari Dist- Muzaffarpur 5.

Raj Kishore Sahni Son of Late Anuplal Sahni R/O Village- Aathar Basmam Ps- Mushari Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No. II, Advocate For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-08-2024 Heard the learned counsel for the petitioners and learned APP for the State.

2. This modification application has been filed for extension of time for surrender of the petitioners before the court below in terms of the order dated 05.03.2024 passed by this Court in Criminal Miscellaneous No. 80817 of 2023.

3. Learned counsel for the petitioners submits that the petitioners are illiterate persons and they could not understand the order of this Court, and as such, they could not contact with

Patna High Court CR. MISC. No.60812 of 2024(2) dt.30-08-2024 2/2 their advocate within the stipulated time. It is submitted that when they contacted their concerning advocate, then he told them that time for surrender has expired and, therefore, they could not surrender before the learned court below within the time granted. As such, learned counsel for the petitioners prays for extension of three weeks' time for surrender before the lower court.

4. Considering the aforesaid facts and circumstance and averments made in the application, this modification application is allowed. The period for surrender of the petitioners' before the court below is extended by three weeks from today.

4. Accordingly, the order dated 05.03.2024 passed in Cr. Misc. No.80817 of 2023 is modified to the extent as indicated above.

(Khatim Reza, J) shyambihari/- U T