Chabbilal Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 19121 of 2020 Arising Out of PS. Case No.-112 Year-2019 Thana- DARPA District- East Champaran ====================================================== CHABBILAL THAKUR Son of Saroj Thakur Resident of Village - Pipra Purwari Tola, P.S.- Darpa, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

none For the State :

Mr.Pramod Kumar Pandey, APP For the Informant Mr. Sunil Kumar no.3, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-10-2020 No one appears for the petitioner. Learned counsel for the State and learned counsel for the informant are present. This case has been listed under the heading 'To Be Mentioned' for correcting a clerical/typographical error that has occurred in the order dated 26.8.2020 passed in Cr. Misc. No. 19121 of 2020 whereby, the application for regular bail of the petitioner in connection with Darpa P.S. Case No. 112 of 2019 was rejected.

The above order dated 26.8.2020 was dictated during the Court proceeding itself and, thereafter, the same was sent by e-mail on 1.9.2020 at 9.26 a.m. for uploading on the web-site of the Patna High Court under the heading "Judicial Orders Passed During The Pandemic Period". The complete order was

Patna High Court CR. MISC. No.19121 of 2020(6) dt.01-10-2020 2/3 uploaded under the said heading.

Subsequently, while uploading the order on the website of Patna High Court, inadvertently three paragraphs of the order were not printed. The portion missing as a result of the clerical/typographical error, is being quoted herein below: "Case diary had been called for in the case and the same has been received.

Having heard learned counsel for the parties and taking into consideration the allegations as levelled in the FIR together with the contents of the statement of the victim daughter of the informant under section 164 Cr.P.C. wherein she states about the occurrence of rape continued even after the marriage, as a result of which she has been abandoned by her husband, the Court is not inclined to enlarge the petitioner on bail.

The application for bail stands rejected."

In view of the above, it is ordered that the complete text of order dated 26.8.2020 passed in Cr. Misc. no. 19121 of 2020 shall be read including the portion quoted above. It is further directed that in case any requisition for obtaining a certified copy of order dated 26.8.2020 passed in Cr.

Patna High Court CR. MISC. No.19121 of 2020(6) dt.01-10-2020 3/3 Misc. No. 19121 of 2020 is made, the Registry shall issue the certified copy of the order dated 26.8.2020 as also this order. (Partha Sarthy, J) sushma/- U T