Pushpa Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70601 of 2019 In CRIMINAL MISCELLANEOUS No.9018 of 2019 Arising Out of PS. Case No.-393 Year-2018 Thana- BUDDHACOLONY District- Patna ====================================================== Pushpa Sinha aged about 55 years, Female, wife of Dr. Sanjay Kumar Sinha, Resident of Sinha White House Near Rajapurpul East Boring Canal Road, P.S. Buddha Colony, Distt. Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opp Party ====================================================== Appearance :

For the Petitioner :

Mr. Ranjeet Tiwary, Advocate For the State :

Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-09-2021 In view of the sudden resurgence of Covid-19 infection, there is limited functioning of the High Court and, therefore, the matter has been listed today for consideration through virtual mode.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon to do so by the office. Heard learned counsel for the petitioner and learned counsel for the State.

The present petition has been filed for modification of the order dated 15.02.2019 passed in Cr. Misc. No. 9018 of 2019. Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.70601 of 2019(5) dt.01-09-2021 2/3 has been granted the privilege of anticipatory bail on 15.02.2019. Thereafter, the time for surrender in terms of the order dated 15.2.02019 was extended two times. Extension has been granted once on 31.07.2019 and thereafter on 11.09.2019. Extensions were granted taking into consideration the factual matrix of the case regarding petitioner being a lady and the fact that she was undergoing treatment for carcinoma. It is further submitted that on account of such reasons the petitioner could not surrender within time stipulated in the order dated 15.02.2019, though her husband has surrendered in compliance of the terms and conditions contained in the order granting him anticipatory bail.

He, however, makes a categorical stand that now the petitioner has returned after treatment and she is in a position to surrender within a period of two weeks to avail the benefit of anticipatory bail granted her by order dated 15.02.2019. He, therefore, makes prayer for extension of time. Having regard to the aforesaid facts and circumstances of the case and without any opposition from the learned APP the prayer is allowed. Two week's further time is granted to the petitioner from the date of receipt/production of a copy of this order to surrender in the Court below in connection with Budha Colony P.S. Case No.

Patna High Court CR. MISC. No.70601 of 2019(5) dt.01-09-2021 3/3 learned Additional Chief Judicial Magistrate-XI, Patna, and in that event, the petitioner will be released on same terms and conditions, as mentioned under order dated 15.02.2019 passed in Cr. Misc. No.9018 of 2019 The modification petition is allowed.

(Madhuresh Prasad, J) shyambihari/- U T