Ayub Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44078 of 2024 In CRIMINAL MISCELLANEOUS No.65120 of 2022 Arising Out of PS. Case No.-191 Year-2019 Thana- GUTHANI District- Siwan ====================================================== Ayub Hussain son of Akhtar Hussain Village- Saifpur PS-Kundarki Teh Bilari District- Moradabad (UP) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-07-2024 The present modification application has been filed for modification of the order dated 09.12.2022 passed in Cr. Misc. No.65120/2022 to the extent of correcting the father's name and address of the petitioner and also to extend the period to surrender.

2.

It is submitted by learned counsel for the petitioner that in the aforesaid order, the father's name and address of the petitioner has been wrongly mentioned as 'son of Tahir Hussain, Resident of Village-355, Taharpur-2, Divyarpur, P.S.- Muradabad, District-Muradabad (Uttar Pradesh)' in place of 'son of Akhtar Hussain, Resident of village- Saifpur, Police Station-Kundarki Teh Bilari, District- Moradabad (Uttar Pradesh)'. The correct father's name and address of the

Patna High Court CR. MISC. No.44078 of 2024(2) dt.26-07-2024 2/2 petitioner is mentioned in the cause-title of this modification application.

3.

Considering the submission of learned counsel for the petitioner, the order dated 09.12.2022 passed in Cr. Misc. No.65120/2022 is modified to the extent that in the order-sheet at cause-title portion, the father's name and address of the petitioner be read as "son of Akhtar Hussain, Resident of village- Saifpur, Police Station-Kundarki Teh Bilari, DistrictMoradabad (Uttar Pradesh)". 4.

Further, in the interest of justice, the period to surrender is extended by six weeks from today in connection with Guthni P.S. Case No.191 of 2019, pending in the court of learned Additional Sessions Judge-2nd-cum-Exclusive Special Court No.1, Siwan.

5.

The order dated 09.12.2022 passed in Cr. Misc. No.65120/2022 is modified to the extent as indicated above. Let this order be read along with the order dated 09.12.2022. 6.

Accordingly, this modification application stands disposed of.

(Anjani Kumar Sharan, J) pallavi/- U T