Raju Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34859 of 2018 ===================================== Raju Singh, son of Late Shyam Narayan Singh, Resident of Village- Godasara, P.S. Ramgarh, District Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh, Adv. For the Opposite Party/s : Mr. S.M. Rahman, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-06-2018 The petitioner had approached this Court along with three others for grant of bail in connection with Complaint Case No. 1048(C) of 2007 instituted for the offence under Section 498-A of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, as he too was made an accused in his capacity as younger brother of the husband of the complainant.

By order dated 02.09.2009, passed in Cr. Misc. No. 17517 of 2009, a Bench of this Court granted bail to the accused persons including the petitioner in the event of their arrest/surrender before the court below within a period of four weeks from the date of the passing of the

Patna High Court Cr.Misc. No.34859 of 2018 (2) dt.27-06-2018 2/3 order. The three other accused persons/petitioners, pursuant to the aforesaid order, surrendered before the court below and filed their bail bonds. The petitioner because of his absence could not surrender on time. In fact, in order to earn his livelihood, he had gone to Ludhiana and he was not informed by the other family members/accused persons of the requirement of his also surrendering before the court below on time. Hence, the petitioner could not surrender before the court below and furnish his bail bonds.

Under such circumstances, learned counsel for the petitioner seeks modification of the order referred to above dated 02.09.2009, seeking extension of time. Regard being had to the aforesaid circumstances, the order dated 02.09.2009 is modified to the extent that now on the surrender of the petitioner, above named, within a period of three weeks from today, he shall be released on bail on his furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Bhabhua, in connection with Complaint Case No. 1048(C) of 2007/Trial No. 1478 of 2008. The other conditions, if any, imposed by order dated 02.09.2009 shall subsist.

Patna High Court Cr.Misc. No.34859 of 2018 (2) dt.27-06-2018 3/3 With the aforesaid modification, the present petition is allowed.

(Ashutosh Kumar, J) Praveen-II/- U T