Pramod Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67739 of 2019 In CRIMINAL MISCELLANEOUS No.13754 of 2019 Arising Out of PS. Case No.-731 Year-2017 Thana- ROHTAS COMPLAINT CASE DistrictRohtas ====================================================== PRAMOD SAH Son of Bindhyachal Sah Resident of Village - Sahpur, P.S.- Karghar, Distt.- Rohtas.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Arti Devi W/o Pramod Sah Resident of Village - Sahpur, P.s.- Kargghar, Distt.- Rohtas, Presently Village - Sahmal Kawara, P.O.- Balthari, P.S.- Kochas, Distt.- Rohtas.

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-10-2019 This application has been filed for modification of the order dated 26.7.2019 passed in Cr.Misc.No. 13754 of 2019 by which the petitioner was granted provisional bail on surrender by 8.8.2019 and on that day opposite party No.2 was also directed to remain present in the court.

Submission of learned counsel for the petitioner is that petitioner could not surrender within the time. None appears on behalf of opposite party No.2. Heard learned APP also.

The order has been passed in presence of learned counsel for opposite party No.2, as such I am not inclined to

Patna High Court CR. MISC. No.67739 of 2019(2) dt.23-10-2019 2/2 interfere with the earlier order.

However, if petitioner surrenders along with opposite party No.2 before the court below and pray for regular bail, the court below shall considered the fact that earlier petitioner was granted provisional bail and he could not surrender within the time while considering prayer for bail of the petitioner. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) spal/- U T