Patna High CourtCR. MISC./18202/2017allowed

Amar Nath Jha v. The State Of Bihar

2017-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18202 of 2017 ======================================================

1. Amar Nath Jha Son of Durga Nand Jha, R/o Beside Chaudhary Industry, Industrial Area Pandaul, P.S.- Pandaul, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha, Adv For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 The present application has been filed on behalf of the petitioner for modification of the order dated 19.01.2017 passed in Criminal Miscellaneous No. 52520 of 2013, which was dismissed as withdrawn with certain observation, which reads as follows:- "However, as the petitioner is ready to deposit the amount in installments, petitioner may file a petition for depositing the amount on installments before the Court below and on filing of such application, the Court below after considering the petitioner's prayer, if possible, allow him to pay the said amount in some reasonable installments and once full amount is paid, if any petition is filed for compounding of case, the Court below shall consider the same on its own merit and after verifying the claim of amount being deposited,

Patna High Court Cr.Misc. No.18202 of 2017 (2) dt.12-04-2017 2/2 shall pass an appropriate order."

However, it has been submitted on behalf of the petitioner that he was ready to deposit the amount but when he has approached the court for depositing the amount, he has come to know that the amount has already been deposited in the court, as such the order may be modified.

Heard also learned APP.

Having heard both sides and after considering the fact that the amount has already been deposited in the court, the court below will examine this aspect of the matter and thereafter pass an order in connection with earlier order passed by this Court dated 19.01.2017. This application is allowed and the order dated 19.01.2017 is modified to that extent only.

(Vinod Kumar Sinha, J) Ranjan/- U