Partly allowed

Jitendra Rai v. The State of Bihar

Patna HC2 Mar 2022CR. MISC./7757/2022

Case brief

AI extract

What is this about?

The Patna High Court modified an order in a criminal appeal, allowing the petitioners an extension of four weeks to surrender before the lower court. This modification grants them the privilege of the previous order on the same terms and conditions.

What did the court decide?

Extension of time for surrender granted for four weeks from today; previous order modified accordingly.

Jitendra Rai Vs The State of Bihar — Criminal Trial and Appeal | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7757 of 2022

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CRIMINAL APPEAL (SJ) No.1275 of 2021

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Arising Out of PS. Case No.-34 Year-2020 Thana- SC/ST District- Sitamarhi

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======================================================

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JITENDRA RAI Son of Hulash Rai Resident of Village - Soharwa, P.s.Sonbarsa, Distt.- Sitamarhi.

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Kasuhaliya Devi @ Koshila Devi W/o Ramnandan Mhato Resident of Village - Soharwa, P.s.- Sonbarsa, Distt.- Sitamarhi.

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Phool Kumari Devi W/o Yogendra Mahto Resident of Village - Soharwa, P.s.- Sonbarsa, Distt.- Sitamarhi.

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Ram Bishwash Thakur Son of Ramrup Thakur Resident of Village - Soharwa, P.s.- Sonbarsa, Distt.- Sitamarhi.

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Shobha Devi W/o Surendra Singh @ Surendra Mahto Resident of Village - Soharwa, P.s.- Sonbarsa, Distt.- Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s : Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

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2 02-03-2022

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Heard Mr. Ashok Kumar Jha, learned Advocate for

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the petitioners and the learned Spl. PP for the State.

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The petitioners seek modification of the order dated 02.07.2021 passed in Cr. Appeal (SJ) No. 1275 of 2021.

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The learned counsel for the petitioners/appellants

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has submitted that they were living outside the state for their livelihood and therefore they could not surrender within

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Patna High Court CR. MISC. No.7757 of 2022(2) dt.02-03-2022 2/2

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the stipulated time before the court below to take advantage of the order.

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For the reasons stated in the application, the prayer for extension of time for surrendering before the court below is allowed.

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The order dated 02.07.2021 passed in Cr. APP (SJ) No. 1275 of 2021 is modified to the extent that if the petitioners surrender before the learned court below within a period of four weeks from today, they shall be accorded the privilege under the order dated 02.07.2021 on the same terms and conditions.

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With the aforesaid modification, the application stands allowed.

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(Ashutosh Kumar, J)

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krishna/-

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U T

Jitendra Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Jitendra Rai v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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