Patna High Court extended by four weeks the time for surrender of petitioner granted anticipatory bail with conditions, allowing release upon surrender and payment of Rs.96,000 under same terms.
Time for surrender extended by four weeks; petitioner to surrender within two weeks of this order along with Rs.96,000 demand draft for release.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.50217 of 2018
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Md. Fulo, S/o md. Mustakeem, R/o Vill.- Laguniya Raghukanth Tole Dariyapur, P.S.- Samastipur Muffasil, District- Samastipur.
.... .... Petitioner/s
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate. For the Opposite Party/s : Smt. Veena Kumari Jaiswal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 05-09-2018 Heard learned counsel for the petitioner and learned counsel for the State.
This application has been filed for modification of the order dated 09.02.2018 passed in Cr. Misc. 26569 of 2017.
Counsel for the petitioner has submitted that vide order dated 9.2.2018 petitioner was granted anticipatory bail by this Court with direction to surrender before the court below within a period of eight weeks from the date of receipt of the order along with Demand Draft of Rs.96,000/- in the name of the informant, but petitioner could not surrender in the court below within stipulated time due to illness of his wife. Subsequently, period for surrender of the petitioner has been extended by further four weeks vide order dated 24.05.2018 passed in Cr. Misc. 31857
Patna High Court Cr.Misc. No.50217 of 2018 (2) dt.05-09-2018
2/2
of 2018.
Counsel for the petitioner has submitted that in compliance of the aforesaid order, Demand Draft of Rs.96,000/has been prepared and the petitioner has appeared in the court below along with the Demand Draft, but the same was not accepted by the court below as the time granted to the petitioner to surrender in the court blow has elapsed. Now, petitioner is ready to surrender in the court below within two weeks from the date of receipt of this order along with Demand Draft of Rs.96,000/-.
In such circumstances, this modification application is allowed to the extent that the time for surrender of the petitioners in the court below is extended for further four weeks from the date of receipt/production of a copy of this order. If the petitioners surrender in the court below along with the Demand Draft in favour of opposite party No. 2, he will be released on same terms and conditions as mentioned in the order dated 09.02.2018 passed in Cr. Misc. 26569 of 2017.
Let this order be communicated to the Court of Additional Chief Judicial Magistrate, Dalsinghsarai, Samastipur, in connection with C.R. Case No. 166 of 2016.
(Sanjay Priya, J)
S.Ali/U T
2 issues framed by the court
Whether the time limit for surrender of the petitioner under anticipatory bail order should be extended due to failure to surrender within stipulated time.
Whether the condition of payment of Rs.96,000 by demand draft before surrender should be upheld.
Md. Fulo
The State of Bihar
Jitendra Kumar
SANJAY PRIYA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
