Lakhan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86723 of 2024 In CRIMINAL MISCELLANEOUS No.51176 of 2023 Arising Out of PS. Case No.-1374 Year-2011 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Lakhan Ram Son of Late Sukhdeo Ram Resident of Village - Birpur, P.S. - Hasanpur, District - Samastipur 2.

Reshma Devi Wife of Lakhan Ram, Daughter of Kallu Ram Resident of Village - Birpur, P.S. - Hasanpur, District - Samastipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Amerika Devi Wife of Kailash Ram, Daughter of Kallu Ram Resident of Village - Masuraj, Police Station - Khodawandpur, District - Begusarai, at present Resident of Village - Birpur, P.S. - Hasanpur, District - Samastipur ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-12-2024 The present petition has been filed by the petitioners for extending the time granted to them for surrendering before the learned court of Chief Judicial Magistrate, Begusarai vide order dated 19.08.2023, passed in Criminal Misc. No. 51176 of 2023, in connection with Complaint Case No. 1374C of 2011, registered for offence punishable under Sections 323, 379 and 498(A) of the Indian Penal Code and Section 4 of the Dowry

Patna High Court CR. MISC. No.86723 of 2024(2) dt.13-12-2024 2/3 Prohibition Act.

2.

The learned counsel for the petitioners has submitted that the petitioners could not surrender before the Ld. Trial Court within the time frame prescribed by this Court for the purposes of being enlarged on anticipatory bail inasmuch as they are labourers and were living outside the State of Bihar for their livelihood, hence they could not come to know about the aforesaid order dated 19.08.2023 within time, resulting in them not being able to surrender within six weeks before the learned Trial Court, as was stipulated by this Court vide order dated 19.08.2023, passed in Criminal Misc. No. 51176 of 2023, nonetheless, the petitioners undertake to surrender before the learned Court of Chief Judicial Magistrate, Begusarai in connection with Complaint Case No. 1374C of 2011, within a period of four weeks from today, hence a sympathetic view be taken and the time granted to the petitioners to surrender before the learned Trial Court for the purposes of being enlarged on anticipatory bail, be extended by a

Patna High Court CR. MISC. No.86723 of 2024(2) dt.13-12-2024 3/3 further period of four weeks from today.

3.

Having regard to the facts and circumstances of the case, considering the averments made in the present petition and taking into account the submissions of the learned counsel for the petitioners, I deem it fit and proper to extend the time granted to the petitioners, by this Court by an order dated 19.08.2023, by a further period of four weeks from today, for the purposes of surrendering before the learned Court of Chief Judicial Magistrate, Begusarai in connection with Complaint Case No. 1374C of 2011, for availing the privilege of anticipatory bail. 4.

The present petition stands allowed with the aforesaid modification in the order dated 19.08.2023 passed in Criminal Misc. No. 51176 of 2023.

(Mohit Kumar Shah, J) S.Sb/- U T