Doli Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23128 of 2022 In CRIMINAL MISCELLANEOUS No.804 of 2022 Arising Out of PS. Case No.-518 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

DOLI DEVI D/o Ram Nandan Sah, W/o Chandan Sah R/o villageJhapahan, P.S.- Ahiyapur, District- Muzaffarpur 2.

Ram Nandan Sah S/o Late Baidhynath Sah R/o village- Jhapahan, P.S.- Ahiyapur, District- Muzaffarpur 3.

Ravi Kumar S/o Ram Nandan Sah R/o village- Jhapahan, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-05-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The present application has been filed for modification of the order dated 17.02.2022 passed in Cr. Misc. No. 804 of 2022 by which the petitioners were granted anticipatory bail in connection with Ahiyapur P.S. Case No. 518 of 2019 and the petitioners were directed to surrender in the Court below within a period of twelve weeks.

Patna High Court CR. MISC. No.23128 of 2022(2) dt.11-05-2022 2/3 Learned counsel for the petitioners submits that inadvertently due to typographical error, in the prayer portion of the petition, in place of words 'learned Chief Judicial Magistrate, Muzaffarpur', the same had been typed as 'learned Additional Sessions Judge-15th Muzaffarpur' and as such the same occurred in the penultimate paragraph of order dated 17.02.2022 passed in Cr. Misc. No. 804 of 2022. From perusal of the records, it appears that the learned counsel for the petitioners is correct in his submission. Let the words 'learned Additional Sessions Judge15th Muzaffarpur' typed in the 2nd last paragraph of order dated 17.02.2022 passed in Cr. Misc. No. 804 of 2022 be corrected to be read as 'learned Chief Judicial Magistrate, Muzaffarpur'.

It is clarified that the petitioners were granted bail to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur P.S. Case No. 518 of 2019. Learned counsel for the petitioners submits that due to the aforesaid reason, the petitioners could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioners that further time may be extended so that the petitioners could surrender in the Court below.

Patna High Court CR. MISC. No.23128 of 2022(2) dt.11-05-2022 3/3 Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender of the petitioners in the Court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

The order dated 17.02.2022 passed in Cr. Misc. No. 804 of 2022 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T