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Patna High CourtCR. MISC./61529/2018disposed

Meena Devi And ORS v. The State Of Bihar

2019-05-02Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61529 of 2018 In CRIMINAL MISCELLANEOUS No.6256 of 2014 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== 1.

Meena Devi Wife of Jhapasi Manjhi.

2.

Balkeshwari Devi Wife of Rajendra Manjhi.

3.

Lalan Manjhi Son of Birju Manjhi.

4.

Jhapari Manjhi Son of Rajendra Manjhi.

All are Resident of Village-Korma, P.S.-Warisaliganj, District-Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Advocate.

For the Opposite Party/s :

Mr. Ashok Kumar Singh 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2019 Learned counsel for the petitioners is permitted to make necessary correction in the cause title of this application with regard to the name of the petitioner no.4 within course of the day.

This application has been filed for modification of the order dated 24.12.2014 passed in Criminal Misc. No.6256 of 2014 by a Bench of this Court with regard to extend the period of surrender of the petitioner no.4 in the court below. It has been submitted on behalf of the petitioners that the petitioner nos.1 and 2, named above, had already been

Patna High Court CR. MISC. No.61529 of 2018(5) dt.02-05-2019 2/3 allowed anticipatory bail vide order dated 28.03.2014 passed in Criminal Misc. No.6256 of 2014 by a Bench of this Court and, thereafter, vide order dated 24.12.2014 passed in Criminal Misc. No.6256 of 2014 by a Bench of this Court, it was ordered that, in the event of surrender/arrest within four weeks from the date of receipt/production of copy of that order, in connection with Warisaliganj P.S. Case No.234 of 2013, the petitioners no.3 and 4, named above, shall be released on anticipatory bail on furnishing bail bond of Rs.5000/- (Five Thousand) each with two sureties of the like amount each or any other surety to be fixed by the court below to the satisfaction of the Chief Judicial Magistrate, Nawada, subject to the conditions as laid down under Section 438(2) Cr.P.C.

and five other conditions. The petitioner no.3, named above, surrendered before the court below within the stipulated time but the petitioner no.4, named above, could not surrender before the court below within the stipulated time as he was not aware of the aforesaid order dated 24.12.2014, granting him the privilege of pre-arrest bail, and was residing outside of the State. Learned counsel for the petitioners, therefore, prays for extension of period of the petitioner no.4, named above, in connection with the aforesaid case before the court below.

Patna High Court CR. MISC. No.61529 of 2018(5) dt.02-05-2019 3/3 In that view of the matter, let the period of surrender of the petitioner no.4, named above, in the concerned court in connection with the aforesaid case be extended for a further period of four weeks from today.

With the aforesaid modification in the order dated 24.12.2014 passed in Criminal Misc. No.6256 of 2014 by a Bench of this Court, this application stands disposed of. (Rajendra Kumar Mishra, J) P.S./- U T