IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31185 of 2011 ====================================================== Chhatish Tanti, son of late Nago Tanti, resident of Vill. Bakhari Petrol Pump Block side, P.S. Bakhari, Distt. Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar. 2. Solmani Devi, daughter of late Tanti, resident of Vill. Bahuara, P.S. Balia, Distt. Begusarai. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sandip Kumar Gautam, Advocate For the State : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2/ 16-09-2011 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The present petition has been filed on behalf of the petitioner seeking modification of order dated 26.03.2011 passed in Cr. Misc. No. 23962 of 2010 (Annexure-A), whereby the petitioner was directed to surrender in the court of learned Chief Judicial Magistrate, Begusarai in connection with Complaint Case No.2471C of 2008 within a period of four weeks from that date and some more directions were also issued by this Court including the direction regarding grant of provisional bail to the petitioner for two months. Learned counsel appearing on behalf of the petitioner Patna High Court Cr.Misc. No.31185 of 2011 (2) dt.16-09-2011 2 submits that because of illness of the petitioner and his ongoing treatment at Ranchi Institute of Neuro-Psychiatry & Allied Sciences, Ranchi, Kanke (Jharkhand), the petitioner could not surrender in the court below within the time prescribed by this Court. In the aforesaid circumstances, learned counsel for the petitioner submits that the time granted by this Court for surrender of the petitioner in the court below be extended for a reasonable period, so that the aforesaid order and directions issued by this Court is fully complied with by the petitioner. On the facts and in the circumstances of the case, if the petitioner surrenders in the court of learned Sub-Divisional Judicial Magistrate, Begusarai in connection with Complaint Case No.2471C of 2008 latest by 30th September 2011, then the petitioner shall be granted provisional bail for a period of two months in terms of order dated 26.03.2011 and learned Magistrate shall ensure compliance of other directions issued by this Court by aforesaid order dated 26.03.2011. The petition stands disposed of. Let this order be communicated to the court below through FAX at the cost of the petitioner. Anjani /- (Birendra Prasad Verma, J)