Patna High CourtCR. MISC./84180/2019disposed

Rinki Devi v. The State Of Bihar

2020-01-22Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84180 of 2019 In CRIMINAL MISCELLANEOUS No.23233 of 2019 Arising Out of PS. Case No.-215 Year-2018 Thana- DARAUNDA District- Siwan ====================================================== RINKI DEVI D/O - Late Parmeshwar Mahto, Wife of Satish Resident of Village - Bagaura, P.S.- Daraunda, District- Siwan. At Present Residing at Village - Khareiga, P.O.- Nagala East, P.S. and District - Chandauli (U.P.) ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 22-01-2020 The petitioner is seeking modification with regard to the condition contained in the order dated 23.07.2019 passed in Cr. Misc. No. 23233/2019.

This court has granted anticipatory bail to the petitioners in this case with condition that petitioners shall attend the trial on each and every date fixed in the case and two consecutive failure of the petitioners to attend the trial would lead to cancellation of their bail bond.

Learned counsel for the petitioners submits that so far as petitioner no. 1 is concerned, she is lady and with regard to her only the present application has been filed seeking modification to the extent that in her case because she is residing outside at Chandauli in the State of U.P. with her

Patna High Court CR. MISC. No.84180 of 2019(2) dt.22-01-2020 2/2 husband who is working there, though she would attend the trial but in case of any extreme unavoidable circumstances she may be granted exemption through her lawyer.

Learned APP for the State submits that the provision of exemption in case of necessary and extreme circumstances are provided under section 317 Cr.P.C. and the court below is competent to consider the same.

In the aforesaid view of the matter, this court finds no reason to modify the order save and except to observe that the court below shall in case any application under Section 317 Cr.P.C. is filed on behalf of petitioner no. 1, the same may be considered in accordance with law.

This application stands disposed off.

(Rajeev Ranjan Prasad, J) Rajeev/- U T