Patna High CourtCR. MISC./51095/2018allowed

Ashutosh Kumar Singh v. The State Of Bihar

2018-09-05Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51095 of 2018 In Criminal Miscellaneous No.10759 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Rohtas ====================================================== Ashutosh Kumar Singh S/o Late Ishwar Dayal Singh resident of Nirmala Bhawan, Gaurakshni, P.S. Sasaram (Town), District - Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shrawan Kumar Singh For the Opposite Party/s :

Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-09-2018 This petition has been filed for modification of order dated 29. 3. 2018 passed in Cr. Misc. no. 10759 of 2018 whereby the petitioner was directed to surrender in the court below within a period of eight weeks from the date of receipt of the aforesaid order with offer to return the amount of Rs. 2,02,000/- which has been transferred in the account of petitioner no.2 and in that event the court below will pass appropriate order in accordance with law without being prejudiced by this order on the same day.

Learned counsel for the petitioner has submitted that petitioner could not surrender in compliance of the order dated 29.3.18 because he was not in a position to deposit the aforesaid amount. He submits that he is ready to surrender in the Court

Patna High Court Cr.Misc. No.51095 of 2018(2) dt.05-09-2018 2/2 below within a period of one week in terms of the aforesaid direction of this Court. He makes prayer for extension of time. In such circumstances, four week's further time is granted to the petitioner from the date of receipt of copy of this order to surrender in the Court below in connection with Sasaram Town P.S. case no. 1155 of 2017 pending in the court of learned CJM, Rohtas at Sasaram and if the petitioner offers to return the amount of Rs. 2,02,000/- to the informant in that event the court below will pass appropriate order in accordance with law in terms of order dated 29.3.2018, passed in Cr. Misc. no. 10759 of 2018.

This Cr. Misc. petition is allowed.

(Sanjay Priya, J) shyambihari/- U T