Patna High CourtCR. MISC./75463/2018allowed

Surendra Prasad @ Surendra Prasad Sinha And ORS v. The State Of Bihar

2018-12-19Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75463 of 2018 In Criminal Miscellaneous No.35734 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Patna ======================================================

1. Surendra Prasad @ Surendra Prasad Sinha, Son of Late Manu Lal

2. Parvati Devi, wife of Surendra Prasad @ Surendra Prasad Sinha

3. Subhadra Kumari, Daughter of Surendra Prasad @ Surendra Prasad Sinha

4. Rohan Sinha Son of Surendra Prasad @ Surendra Prasad Sinha

5. Santosh Sinha @ Santosh Kumar Sinha Son of Surendra Prasad @ Surendra Prasad Sinha

6. Sahil Sinha, Son of Surendra Prasad @ Surendra Prasad Sinha All residents of Chhoti Delha (Wrongly Written as Choti Telha in Column 7 of the format of FIR) P.S. Delha, District - Gaya.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Shivendra Prasad For the Opposite Party/s :

Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2018 This application is filed for modification of order dated 03.07.2018 passed in Cr. Misc. No. 35734/2018 whereby the petitioners have prayed for extension of time for surrender in the court below.

Learned counsel for the petitioners has submitted that all the petitioners are resident of Gaya and they have no local bailor available in Patna. Therefore, they are not able to comply condition no. 1 of the order dated 03.07.2018 passed in Cr. Misc. No. 35734/2018. It is further submitted that petitioners are ready to give close relative as bailors with sufficient immovable

Patna High Court Cr.Misc. No.75463 of 2018(2) dt.19-12-2018 2/2 property within the jurisdiction of Gaya.

Condition no. 1 of the order dated 03.07.2018 passed in Cr. Misc. No. 35734/2018 is modified to the extent that bailors should be close relative having sufficient immovable property within the jurisdiction of Gaya. Four weeks further time is granted to the petitioners from the date of receipt of this order to surrender in the court below on the same terms and conditions except condition no. 1, as mentioned in the order dated 03.07.2018 passed in Cr. Misc. No. 35734/2018. This modification petition is allowed.

(Sanjay Priya, J) vinita/- U T