The High Court at Patna allowed a modification application to extend the time granted to petitioners to surrender before the court below by four weeks, citing their inability to get information about the earlier order while earning livelihood.
Four weeks' time granted to petitioners to surrender before the court below.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6530 of 2018
.... .... Petitioner/s Versus
The State of Bihar
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Nath Jha, Advocate. For the Opposite Party/s : Smt. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
2 07-02-2018 Heard learned counsel for the petitioners and learned counsel for the State.
This modification petition has been filed on behalf of the Petitioners to modify the order of this Court dated 15.05.2017 passed in Cr. Misc. 16976 of 2017.
It has been submitted that petitioners had gone outside to earn their livelihood and he could not get information about the aforesaid order. Therefore, they could not surrender before the court below in time and hence prays for further four weeks’ time to surrender the petitioners before the court below.
The order dated 15.05.2017 passed in Cr. Misc. 16976 of 2017 is modified to the extent that further four weeks time is
Patna High Court Cr.Misc. No.6530 of 2018 (2) dt.07-02-2018
2/2
granted to the petitioners to surrender before the court below and they will be released on same terms and conditions as mentioned in the order dated 15.05.2017 passed by this Court in Cr. Misc. 16976 of 2017.
This Modification application stands allowed.
Let this order be communicated to the learned Sub Divisional Judicial Magistrate, Bhagalpur, in connection with Pirpainty P.S. Case No. 149 of 2015.
(Sanjay Priya, J)
S.Ali/-
U T
2 issues framed by the court
Whether further time should be granted to petitioners to surrender before the court below given they could not get information regarding the earlier order while earning livelihood?
Whether the modification application to extend the time for surrender should be allowed?
Md. Jafar Firoz @ Jakir @ Md. Jakhir
Bibi Sahana @ Bibi Sahan
Nasrin @ Nasrin Khatoon
Bibi Sabrin @ Sabrin
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
