Patna High CourtCR. MISC./74033/2018allowed

Sujit Kumar Ghosh And ANR v. State Of Bihar

2018-12-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74033 of 2018 In Criminal Miscellaneous No.11084 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Kishanganj ======================================================

1. Sujit Kumar Ghosh S/o Sapan Kumar Ghosh

2. Sarwasti W/o Sapan Kumar Ghosh Resident of VillageDallegaon 78/12, A/c, Exibition Road, P.S. Behrampur, DistrictMurshidabad(W.B.). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Diwakar Sinha, Adv.

For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-12-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.

Counsel for the petitioners is directed to make necessary correction in para 3 of the modification petition filed on behalf of the petitioners during course of the day. This application has been filed for modification of the order dated 02.08.2018 passed in Cr. Misc. no. 11084/2018, by which petitioners have been granted anticipatory bail in connection with Kishanganj P. S. case no. 381/2015 to the satisfaction of learned Chief Judicial Magistrate, Kishanganj. Learned counsel for the petitioners has submitted that petitioners were granted anticipatory bail vide order dated

Patna High Court Cr.Misc. No.74033 of 2018(2) dt.12-12-2018 2/2 02.08.2018, but the petitioners could not surrender within time due to brain hemorrhage of petitioner no. 1 and he was admitted in Murshidabad Medical College & Hospital since 02.08.2018 to 06.11.2018. Petitioner no. 1 and petitioner no. 2 are son and mother.

In view of such, four weeks' further time is granted to the petitioners from the date of receipt of copy of this order to surrender before the Court below and, in that event, the Court below will release the petitioners on bail on same terms and conditions as mentioned in the order dated 02.08.2018 passed in Cr. Misc. no. 11084/2018.

The Modification Petition is, accordingly, allowed. (Sanjay Priya, J) vinita/- U T