Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 2, Cited by 0]

Patna High Court

Serajuddin Sah @ Serajuddin vs State Of Bihar And Anr on 4 November, 2019

Author: Ahsanuddin Amanullah

Bench: Ahsanuddin Amanullah

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                        CRIMINAL REVISION No.243 of 2018
       Arising Out of Case No.-1735 Year-2012 Thana- SIWAN COMPLAINT CASE District-
                                             Siwan
     ======================================================
     Serajuddin Sah @ Serajuddin, Son of Qeyamuddin Sah, Residence of Village-
     Rampur Pakwaliya, Police Station- Zamo Bazar, District- Siwan.

                                                                   ... ... Petitioner/s
                                         Versus
1.   The State of Bihar.
2.   Noor Saba Khatoon, Wife of Serajuddin Sah, Daughter of Residence of
     Village- Madarpur, Police Station- Basantpur, District- Siwan.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s           :      None
     For the State                  :      Mr. Jharkhandi Upadhyay, APP
     For the Opposite Party No. 2   :      Mr. Amir Alam, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
             AMANULLAH
                         ORAL JUDGMENT

Date : 04-11-2019 Nobody appears on behalf of the petitioner. Learned APP for the State and learned counsel for the opposite party no. 2 have assisted the Court.

2. The petitioner has moved the Court under Sections 397 and 401 of the Code of Criminal Procedure, 1973, against the order dated 21.02.2018 passed by the Additional Sessions Judge, IIIrd Siwan in modification petition in ABP No. 214 of 2014 by which the order dated 07.03.2014 passed by the Sessions Judge granting provisional bail to the petitioner only for two months and directing him to surrender within a period of 20 days and the Patna High Court CR. REV. No.243 of 2018 dt.04-11-2019 2/2 petitioner not having surrendered within time for which petition for modification of order dated 07.03.2014 for further extension of four weeks time of provisional bail, was rejected.

3. Having regard to the aforesaid and the fact that the petitioner had not surrendered before the Court below despite the period of provisional bail having expired and then having filed a petition for extension which was rejected, he had moved this Court and today there being no representation on his behalf, the Court has no option but to dismiss the application.

4. Accordingly, the application stands dismissed.

5. The Court below shall take effective steps to ensure that the petitioner is taken into custody.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T