Muso Rai @ Bhuso Rai And Ors vs State of Jharkhand

Heard the parties through Video Conferencing.

Learned counsel for the petitioners submits that since the petitioner no. 1- Muso Rai @ Bhuso Rai and the petitioner no. 2- Pramod Rai have been arrested, hence, he does not press this criminal miscellaneous petition in respect of petitioner nos. 1 and 2. Accordingly this criminal miscellaneous petition is dismissed for as the petitioner nos. 1 and 2 are concerned.

This criminal miscellaneous petition has been filed under section 482 Cr.P.C by the petitioner nos. 3 and 4 with a prayer for modification of the order dated 27.09.2019, passed in ABA No. 6507 of 2019.

It is submitted by the learned counsel for the petitioners that vide order dated 27.09.2019, passed in ABA No. 6507 of 2019, the petitioners were directed to surrender before the court below within six weeks on jointly depositing Rs. 20,000/- by way of demand draft drawn in favour of the informant as ad interim victim compensation but since the petitioner nos. 3 and 4 could not arrange money within the stipulated time, hence, they could not surrender within the stipulated time. It is further submitted by learned counsel for the petitioners that petitioner nos. 3 and 4 have prepared the revalidated demand draft of the said amount, the photocopy of which is filed and is kept in the brief and therefore, it is submitted that time to surrender before the court below in terms of the order dated 27.09.2019, passed in ABA No. 6507 of 2019 be extended for four weeks from the date of this order.

Considering the facts of the case and the submission of the learned counsel for the petitioners, the prayer for extension of time for the petitioner no. 3 - Sushil Rai @ Sushil Kr. Rai and the petitioner no. 4- Bajrangi Rai @ Bajrangi Kr. Rai to surrender in the court below in terms of the order dated 27.09.2019, passed in ABA No. 6507 of 2019 is allowed. Hence, petitioner no. 3 - Sushil Rai @ Sushil Kr. Rai and the petitioner no. 4- Bajrangi Rai @ Bajrangi Kr. Rai are directed to surrender before the court below "within four weeks from the date of this order in terms of the order dated 27.09.2019, passed in ABA No. 6507 of 2019".

The order dated 27.09.2019, passed in ABA No. 6507 of 2019 is modified to the aforesaid extent only.

This criminal miscellaneous petition is disposed of accordingly.