Krishna Kumar Datta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52200 of 2019 In CRIMINAL MISCELLANEOUS No.23296 of 2019 Arising Out of PS. Case No.-519 Year-2013 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

Krishna Kumar Datta, Gender-Male, Aged about 60 years, S/O- Dukhaharan Deo 2.

Neha Sinha, Gender-Female, Aged about 25 years W/O- Late Rajesh Kumar Verma, D/O- Krishna Kumar Datta Both resident of Village- Manohar Bigha, Telhara, P.S.- Telhara, DistrictNalanda. At present Mohalla- Chitragupta Nagar, Near Munna Chauk, P.S.- Patrakar Nagar, District Patna.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Ramdeo Prasad, Son of Late Gangeshwari Prasad Sharma Resident of Mangala Ashthan, Ramchandrapur, P.S.- Biharsharif, District- Nalanda. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Krishna Pd. Singh, Sr. Advocate Mr. Rajesh Kumar Singh, Advocate For the State :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-08-2019 This application has been filed on behalf of the petitioner no. 2, namely, Neha Sinha seeking modification of paragraph 4 of the order dated 13.05.2019 passed in Cr. Misc. No. 23296 of 2019 laying down condition no. (iv) directing the petitioner's physical presence in court on each and every date during trial.

2. It is submitted that condition no. (iv) of the order dated 13.05.2019 stipulating the petitioner's physical appearance in court on each and every date during trial may be relaxed as the petitioner is presently working as Probationary Officer in ICIC Bank at Faridabad and as such compliance of the said condition is onerous.

3. Considering the hardship expressed by the petitioner, paragraph 4 of the order dated 13.05.2019 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.52200 of 2019(2) dt.21-08-2019 2/2 23296 of 2019 laying down condition no. (iv) is modified only to the extent that the words "the petitioners shall remain physically present in court on each and every date during trial" shall be read as substituted by the words "petitioner no. 2 (Neha Sinha) shall be well represented in court on each and every date during trial, except as and when directed by the learned Court below to be physically present."

4. The modification application stands disposed of. (Vikash Jain, J) BT/- U T