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Patna High CourtCR. MISC./48933/2018disposed

Asma Khatoon v. The State Of Bihar

2018-08-08Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48933 of 2018 ====================================================== Asma Khatoon, W/o Safiqu Ansari, R/o Vill.- Gangpur, P.S.- Kurtha, District Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Neerad Parashar, Advocate. For the Opposite Party/s : Mr. Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for modification of the order dated 23.07.2018 passed by this Court in Cr. Misc. 41920 of 2018.

Counsel for the petitioner submits that petitioner No. 1 namely, Mokhtar Ansari of Cr. Misc. 41920 of 2018 has already been arrested, but the same could not be brought to the notice of this Court because he had no knowledge regarding arrest of petitioner No. 1. Therefore, petitioner No. 1 of Cr. Misc. 41920 of 2018 has been granted anticipatory bail by this Court. Counsel for the petitioner further submits that inadvertently, in prayer portion of the original bail petition the designation of the Court has wrongly been mentioned as "Additional Sessions Judge-IV,

Patna High Court Cr.Misc. No.48933 of 2018 (2) dt.08-08-2018 2/2 Danapur", whereas it should have been "A.C.J.M-V, Danapur", and due to that, same mistake occurred in 7th line of last paragraph of the order dated 23.07.2018 passed in Cr. Misc. 41920 of 2018. Counsel for the petitioner is permitted to make necessary correction in paragraph-1 and prayer portion of the original bail petition regarding designation of Court. Accordingly, this modification application is allowed to the extent that petitioner No. 1 has already been arrested prior to passing of the aforesaid order. Therefore, the prayer for anticipatory bail of petitioner No. 1 in the order dated 23.07.2018 passed in Cr. Misc. 41920 of 2018 be treated as dismissed as withdrawn against him. Similarly, in 7th line of last paragraph of the order dated 23.07.2018 passed in Cr. Misc. 41920 of 2018, the designation of court in place of "Additional Sessions Judge-IV, Danapur", let it be read as "A.C.J.M.-V, Danapur". This Modification application stands allowed to the extent indicated above.

Let this order be communicated to the Additional Chief Judicial Magistrate-V, Danapur, in connection with Sigori P.S. Case No. 104 of 2016.

(Sanjay Priya, J) S.Ali/- U T