Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60254 of 2024 In CRIMINAL MISCELLANEOUS No.66403 of 2023 Arising Out of PS. Case No.-368 Year-2021 Thana- KHAGARIA COMPALINT CASE District- Khagaria ====================================================== Abhishek Kumar, S/O Ramji Chaudhary, Resident Of Village- Ram Nagar Math, Labhgaon, PS- Khagaria, Distt.- Khagaria ... ... Petitioner/S

Versus

1.

The State Of Bihar 2.

Rupa Kumari, W/O Abhishek Kumar, D/O Late Suraj Prakash Chaudhary, at presiding at Mohalla - Vishwanathganj in the street of Arun Middle School, Ward No. 7, P.S. - Khagaria, Distt. - Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gopal Krishna, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 20-09-2024 Heard Mr. Gopal Krishna, learned counsel appearing on behalf of the petitioner and Mrs. Pushpa Sinha.1, learned APP appearing on behalf of the State.

2. The petitioner seeks modification of the order dated 18.10.2023 passed in Cr. Misc. No.66403 of 2023, by which the petitioner was directed to be released on provisional bail for a period of three months, however, the petitioner could not surrender before the learned District Court within the stipulated time.

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner seeks further extension of

Patna High Court CR. MISC. No.60254 of 2024(3) dt.20-09-2024 2/3 time to surrender before the learned District Court and as per the instruction and desire of the petitioner informs that the petitioner is ready to surrender on 23.09.2024.

4. Considering the statement and information contained in modification application, I find the conduct of the petitioner to be not very convincing, since, earlier modification application bearing Cr. Misc. No.14443 of 2024 was filed for modification of the order dated 18.10.2023 passed in Cr. Misc. No.66403 of 2023 and the petitioner, in spite of further extension of time for surrender, could not surrender before the learned District Court.

5. Considering the reason and information given in the present modification application, as well as, the information given on the behalf of the petitioner that the petitioner is ready to surrender before the learned District Court on 23.09.2024, I find that there is sufficient ground to modify the order dated 18.10.2023 passed in Cr. Misc. No.66403 of 2023 by further extending the period of surrender and the petitioner is directed to surrender before the learned District Court on 23.09.2024.

6. The order dated 18.10.2023 passed in Cr. Misc. No.66403 of 2023 is modified to the aforesaid extent.

7. The other parts of the order shall remain intact.

Patna High Court CR. MISC. No.60254 of 2024(3) dt.20-09-2024 3/3

8. Accordingly, the present modification application stands disposed of.

(Purnendu Singh, J.) Mantreshwar Ashishsingh/- U T