Patna High CourtCR. MISC./28610/2018disposed

Zafar Imam And ORS v. The State Of Bihar

2018-05-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28610 of 2018 Arising Out of PS.Case No. -181 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Zafar Imam, S/o Late Sk. Yaqoob,

2. Afsar Imam, S/o Zafar Imam,

3. Raisul Azam S/o Sk. Aaqil, All Residents of Vill.- Deorwa, P.S.- Lauriya, District- West Champaran at Bettiah.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Syed Masleh-Uddin Ashraf, Advocate. For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

This application has been filed for modification of condition No. (2) of the order dated 31.01.2018 passed in Cr. Misc. 57359 of 2017. The petitioners have surrendered before the court below and furnished bail bonds.

It is mentioned in paragraph-5 of the modification application that petitioner Nos. 2 and 3 are earning their livelihood outside the State of Bihar. Therefore, it is difficult for them to remain physically present on each and every date fixed by the court below for their appearance. Therefore, he prays for

Patna High Court Cr.Misc. No.28610 of 2018 (2) dt.09-05-2018 2/2 modification of condition No. (2) of the order dated 31.01.2018 passed by this Court in Cr. Misc. 57359 of 2017. In view of such, condition No. 2 of the order dated 16.01.2018 passed in Cr. Misc. 57359 of 2017 is modified to the extent that if a petition under Section 317 Cr. P.C. is filed in the court below in the event the petitioner Nos. 2 and 3 namely, Afsar Imam and Raisul Azam, are not present as they are earning their livelihood outside the State of Bihar, then the court below will consider the same and pass appropriate order in accordance with law. The petitioners will remain physically present as and when required by the court below.

This Modification application stands disposed off to the extent indicated above.

Let this order be communicated to the Court of Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Lauriya P.S. Case No. 181 of 2016.

(Sanjay Priya, J) S.Ali/- U T