Patna High CourtCR. MISC./44233/2018dismissed

Nagendra Prasad v. State Of Bihar And ANR

2018-08-01Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44233 of 2018 ======================================================

1. Nagendra Prasad son of Late Yadu Prasad, resident of Mohalla- Shiv Nagar, Khemnichak, P.O. Jaganpura, P.S. Ram Krishna Nagar, DistrictPatna. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sanjay Kumar Sharma son of Late Genalal Sharma, resident of Ghana Colony, Ram Krishna Nagar, P.S. Ram Krishna Nagar, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Birendra Singh For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-08-2018 Heard the learned counsel for the petitioner. The present petition has been filed for modification of order dated 15.02.2018 passed in Cr. Misc. No. 63138/2017 to the extent of enhancement of time for payment of first installment to the complainant as well as for enabling the petitioner to surrender before the learned Court below.

It appears that earlier the modification application of the petitioner was allowed by this Court vide Cr. Misc. No. 18186/2018 dated 25.04.2018. He was allowed four weeks' further time to surrender in the Court below on the terms and conditions stated in the order dated 15.02.2018 passed in Cr. Misc. No. 63138/2017.

Patna High Court Cr.Misc. No.44233 of 2018 (3) dt.01-08-2018 2/2 Learned counsel for the petitioner has submitted in para 6 of the present petition that the petitioner has not even made payment of first installment as mentioned in the aforesaid order dated 15.02.2018.

Therefore, this Court does not find any merit in the present modification petition. Accordingly, the same is rejected. The petitioner is directed to surrender before the Court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, which shall be considered on its own merit without being prejudiced by this order.

(Sanjay Priya, J.) Rakhi U T