Petitioner sought modification of an anticipatory bail order to extend surrender time due to illness. Court held no grounds to entertain the petition citing Section 362 CrPC.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No. 44118 of 2015
====================================================== Sk. Aslam @ Md. Aslam Son of Sk. Hajrat Resident of village - Baida, P.S. Amdabad, District - Katihar .... .... Petitioner Versus 1. The State of Bihar 2. Chunni Khatoon D/o Noor Alam, W/o Sk. Aslam Resident of Nayatola Gopalpur, P.S. Amdabad, District - Katihar .... .... Opposite Parties ====================================================== Appearance : For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2. 28-01-2016 Heard learned counsel for the petitioner.
The present petition has been filed with a prayer to modify order dated 23-04-2015 passed in Cr.Misc. No. 47013 of 2014 to the extent of extending the time for surrender of the petitioner. By order dated 23-04-2015, a bench of this Court allowed the anticipatory bail petition with a direction that petitioner will surrender on 18-05-2015 when his wife the opposite party no. 2 would remain present.
In the present petition, a prayer has been made that due to illness the petitioner failed to appear.
In view of facts and circumstances of the case and also in view of restriction imposed by Section 362 of the Cr.P.C., the earlier order may not be modified.
Patna High Court Cr.Misc. No.44118 of 2015 (2) dt.28-01-2016
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I do not find any ground to entertain the petition.
The petition stands dismissed.
(Rakesh Kumar, J.)
Anay
U T
1 issue framed by the court
Whether the order extending the time for surrender in an anticipatory bail case should be modified due to the petitioner's illness.
Sk. Aslam @ Md. Aslam
The State of Bihar
Chunni Khatoon
Rakesh Kumar
As recorded by the court registry
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