The High Court declined to modify an earlier order granting anticipatory bail due to the significant time lapse since the grant. The application for modification was disposed of without substantive order on the prayer itself.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35536 of 2015
====================================================== 1. Pratima Kumari @ Pratibha Kumari wife of late Diwakar Pandey Resident of Village- Bore , P.s Lakhisarai in the District of Lakhisarai. 2. Sri Gopal Pandey Son of Sri Jagdish Pandey Resident of VillageGordah, Naudiha, in the District of Jamui. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Binod Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
2 20-08-2015 The present application has been filed for modification of the order dated 17.05.2005 passed in Cr. Misc. No. 9808 of 2005, whereby the petitioners were granted anticipatory bail in connection with Barh P.S. Case No. 150 of 2003 registered for the offences punishable under Sections 409, 420, 120 of the Indian Penal Code. The prayer has been made for extending the period of surrender.
Considering the fact that petitioner was granted anticipatory bail on 17.05.2005 and the present modification application has been filed on 31.07.2015, this Court is not inclined to modify the earlier order.
Accordingly the application is disposed of with liberty to the learned Court below to consider the prayer for regular bail of the petitioners keeping in view of the fact that
Patna High Court Cr.Misc. No.35536 of 2015 (2) dt.20-08-2015
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petitioners were granted anticipatory bail in connection with Barh P.S. Case No. 150 of 2003, pending in the Court of learned Additional Chief Judicial Magistrate, Barh, Patna.
Shageer/-
U T
(Dinesh Kumar Singh, J)
Pratima Kumari @ Pratibha Kumari
Sri Gopal Pandey
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
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