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Patna High CourtCR. MISC./54140/2019dismissed

Anila Devi @ Amila Devi v. The State Of Bihar

2019-08-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54140 of 2019 In CRIMINAL MISCELLANEOUS No.250 of 2019 Arising Out of PS. Case No.-496 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== ANILA DEVI @ AMILA DEVI Wife of Mahesh Marik Resident of Village - Basmatiya, P.S.- Narpatganj, Dist.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 This modification application has been filed for modification of order dated 05.02.2019 passed in Cr. Misc. No. 250 of 2019, by which, the petitioner has been granted the privilege of anticipatory bail.

Submission of learned counsel for the petitioner is that as the petitioner fell seriously ill, she could not surrender in the court below as per the direction of this Court. Learned counsel for the petitioner has also annexed some medical prescriptions.

Heard learned APP also.

Having heard both sides, I am not satisfied by the explanation given by the petitioner and considering the same, I am not inclined to modify the order dated 05.02.2019 passed in

Patna High Court CR. MISC. No.54140 of 2019(2) dt.28-08-2019 2/2 Cr. Misc. No. 250 of 2019, however, if the petitioner surrenders in the court below and make prayer for regular bail, the court below will consider the fact that petitioner was earlier granted the privilege of anticipatory bail but he could not surrender within the time allowed by this court and shall dispose of the prayer of the petitioner for grant of regular bail, if possible on same day, without being prejudiced by this order. Accordingly, this modification application is dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T