Bimla Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70637 of 2019 In CRIMINAL MISCELLANEOUS No.67805 of 2018 Arising Out of PS. Case No.-281 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== 1.

Bimla Kumari Wife of Arun Kumar Resident of Village-Chechaul, P.S.- Naubatpur, District-Patna 2.

Arun Kumar Son of Late Tribhuvan Singh Resident of Village-Chechaul, P.S.-Naubatpur, District-Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santosh Kumar Son of Basgit Sharma Resident of Village-Srivar Gopalpur, P.S.-Naubatpur, District-Patna.

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate Mr.Shashank Shekhar, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-09-2020 The Court proceeding has been conducted through virtual mode.

Heard learned counsel for the petitioners and learned counsel for the State.

The present application has been filed for modification of order dated 14.12.2018 passed in Cr. Misc. No. 67805 of 2018 to the extent that the petitioners be allowed to be in anticipatory bail, whereby the petitioners were granted provisional anticipatory bail for six months in a case registered for the offences punishable under Sections 406, 420 and 120B of the Indian Penal Code, on the undertaking that the petitioners

Patna High Court CR. MISC. No.70637 of 2019(6) dt.15-09-2020 2/3 will return the undertaken amount to the tune of Rs. Thirteen Lacs in six equal monthly installments and on return of the same, the provisional anticipatory bail will be confirmed by the learned Court below but the petitioners could not return the said amount within six months and consequently, learned Additional Chief Judicial Magistrate - 2nd, Danapur vide order dated 29.07.2019 cancelled the bail bonds of the petitioners. It is submitted by learned counsel for the petitioners that now the entire amount has already been paid. Considering the fact that the bail bonds of the petitioners has already been cancelled, this Court is not inclined to interfere.

However, in view of the fact that it is claimed by the petitioners that they have already paid the entire amount, let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender before the learned Court below within a period of four weeks of the resumption of the court proceedings in physical mode in connection with Naubatpur P.S. Case No. 281 of 2018, pending in the Court of learned Additional Chief Judicial Magistrate - 2nd, Danapur and dispose of the bail application of the petitioners preferably on the same day.

Patna High Court CR. MISC. No.70637 of 2019(6) dt.15-09-2020 3/3 Accordingly, the present modification application stands disposed of.

(Dinesh Kumar Singh, J) DKS/- U T