Full Judgment
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 349 of 2013 Murli Thakur and others... ....Petitioners Vs. The State of Jharkhand & Anr ....Opposite Parties CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR For the Petitioners: Mr. Shailesh Kumar Singh For the State: Mr. Pramod Kumar Choudhary 2/20.09.2013: This application has been filed for modification or order dated 02.01.2013 passed in ABA No. 2602 of 2012 and ABA No. 1756 of 2012 whereby petitioners were granted bail by this Court with stipulation that they surrender in the court below on 16.01.2013. This court also directed O.P. No. 2 that she also remain physically present in the court on that date so that petitioners took her to their house for keeping her as wife of petitioner Om Prakash Thakur, with all love and affection. It is submitted that on 16.01.2013, all the petitioners went to the Civil Court, Tenughat for surrendering and they served a copy of the surrender petition on learned counsel for the O.P. No.
2. It is further submitted that the petitioners are about the surrender in the court below along with O.P. No. 2, but suddenly after receiving the surrender petition, O.P. No. 2 slipped away from the court campus ,because of that, petitioners could not surrender. From perusal of Annexure-2, I find that the copy of surrender application has been served upon the advocate of O.P. No. 2, on 16.01.2013. Considering the aforesaid facts and circumstance, I allow this application and modify the order dated 02.01.2013 passed in ABA No. 2602 of 2012 and ABA No. 1756 of 2012 and direct the petitioners to surrender in the court below by 01.10.2013. If petitioners surrender by that time, the court below is directed to enlarge them on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand)each with two sureties of the like amount each to the satisfaction of learned J.M. 1 st Class, Bermo at Tenughat in connection with Complaint Case No. 63 of 2010, subject to the condition as laid down under section 438(2) of the Cr.P.C. Let this order be communicated to the court below through 'FAX' at the cost of petitioners. ( Prashant Kumar,J.) Sharda/-