Baby Devi @ Baby Kuer v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.683 of 2022 In CRIMINAL MISCELLANEOUS No.39719 of 2020 Arising Out of PS. Case No.-148 Year-2020 Thana- BHANGWANPUR HAT District- Siwan ====================================================== BABY DEVI @ BABY KUER W/o Late Om Prakash Choudhary, wrongly given in the F.I.R. as Late Binod Choudhary R/o village- Bhagwanpur Hat, P.S.- Bhagwanpur Hat, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 12-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.

The present application has been filed for modification of the order dated 16-04-2021 passed in Cr. Misc. No. 39719 of 2020 by which the petitioner was granted anticipatory bail in

Patna High Court CR. MISC. No.683 of 2022(2) dt.12-01-2022 2/2 connection with Bhagwanpur Hat P.S. Case No. 148 of 2020 pending in the court of learned Additional Sessions Judge-IIcum-Special Judge, Excise Act, Siwan. It is submitted on behalf of the petitioner that due to Covid19 pandemic, the petitioner could not surrender within the stipulated time. It is further prayed on behalf of the counsel for the petitioner that further time may be extended so that the petitioner could surrender in the court below. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions shall remain the same as mentioned in the order dated 16-04-2021 passed in Cr. Misc. No. 39719 of 2020.

The order dated 16-04-2021 passed in Cr. Misc. No. 39719 of 2020 is modified to the extent as indicated above. The modification application is, accordingly, disposed of. (Sudhir Singh, J) A.K.V.//- U T