Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No.3777 of 2023
------ Akhtar Ali, aged about 45 years son of Ijhar Ali, resident of 8, Imli Chowk, Near Matwari masjid, P.O. Korrah & P.S.- Sadar Hazaribagh, District- Hazaribagh
… Petitioner
Versus
1. The State of Jharkhand
2. Najnin Kousher, W/o Akhtar Ali, D/o Md. Hanif, At present r/o Vill- Raja Bazar, Govindpur, P.O. & P.S.- Bokaro Thermal, Dist- Bokaro
… Opposite Parties
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CORAM: HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Rajesh Kr. Mahtha, Advocate For the State
: Ms. Shweta Singh, Addl.P.P.
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Order No:-05 Dated:-28-02-2025
Heard the parties.
This criminal miscellaneous petition has been filed by the petitioner with a prayer for modification of the order dated 16.09.2023 passed in A.B.A. No.9943 of 2022.
It is submitted by the learned counsel for the petitioner that vide order dated 16.09.2023 passed in A.B.A. No.9943 of 2022, the petitioner was given the privileges of anticipatory bail and directed to surrender before the court below within six weeks upon his undertaking to deposit the up to date payment of dues of Original Maintenance Case No.158 of 2019 and on depositing a demand draft of Rs.50,000/- drawn in favour of the opposite party No.2. It is next submitted that due to paucity of money, the petitioner could not prepare the said demand draft within the stipulated time; hence, he could not surrender within the stipulated time. It is next submitted that in the meantime the petitioner has arranged the money and prepared the said demand drafts and the copy of the said demand draft has been annexed with the brief. It is further submitted that now the petitioner is ready and willing to surrender before the learned court below and unless six weeks’ extension is granted to him, he will
be highly prejudiced. It is lastly submitted that the time period for the petitioner to surrender before the court below in terms of the order dated 16.09.2023 passed in A.B.A. No.9943 of 2022 be extended by six weeks from the date of this order.
Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for extension of time for the petitioner to surrender in the court below in terms of the order dated 16.09.2023 passed in A.B.A. No.9943 of 2022 is allowed. Accordingly, the order dated 16.09.2023 passed in A.B.A. No.9943 of 2022 is modified by directing the petitioner to surrender within six weeks from the date of this order in terms of the order dated 16.09.2023 passed in A.B.A. No.9943 of 2022.
The order dated 16.09.2023 passed in A.B.A. No.9943 of 2022 is modified to the aforesaid extent only.
This criminal miscellaneous petition is disposed of accordingly.
(Anil Kumar Choudhary, J.) Animesh/