Kabutari Devi vs The State Of Bihar
2021 Latest Caselaw 3954 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No. 38179 of 2021
                           Arising out of
              CRIMINAL MISCELLANEOUS No. 32833 of 2020
        Arising Out of PS. Case No.-249 Year-2019 Thana- NOKHA District- Rohtas
 ======================================================

Kabutari Devi, aged about 49 years, Gender-Female, Wife of Rajendra Singh @ Rajendra Yadav, Resident of Village- Shrikhinda, PS- Nokha, District- Rohtas.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Tiwari, Advocate For the State : Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

28.07.2021, which was allowed.

3. Heard Mr. Ajay Kumar Tiwari, learned counsel for

the petitioner and Mr. Ramchandra Sahni, learned Additional

Public Prosecutor (APP) for the State.

4. The present petition has been filed seeking

modification in judgment and order dated 05.04.2021 passed in

Cr. Misc. No. 32833 of 2020, by which the petitioner was granted

pre-arrest bail and had to appear before the Court below within six

weeks for being released on bail.

Patna High Court CR. MISC. No.38179 of 2021 dt.04-08-2021

5. Learned counsel for the petitioner submitted that she

being in contact with a COVID-19 patient and the functioning of

the Court also being disturbed from 09.04.2021, could not appear

before the Court below for being released on bail within the

stipulated six weeks. It was submitted that the present petition has

been filed soon thereafter on 25.06.2021. Learned counsel

submitted that without any fault or laches on her part, due to

circumstances she could not comply with the order and would

suffer irreparable loss if the time is not extended as the Court

already had granted her pre-arrest bail.

6. Learned APP submitted that the petitioner had to be

vigilant.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds that sufficient cause has been shown by the petitioner for not

appearing before the Court below within the stipulated period for

being released on bail in terms of the order dated 05.04.2021

passed in Cr. Misc. No. 32833 of 2020.

8. Accordingly, the petition is allowed.

9. The order dated 05.04.2021 passed in Cr. Misc. No.

32833 of 2020 stands modified to the extent that the time

indicated in the order for the petitioner to appear before the Court Patna High Court CR. MISC. No.38179 of 2021 dt.04-08-2021

below stands extended by a further period of six weeks from

today.

10. The rest of the order shall remain unchanged.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T