Patna High CourtCR. MISC./36225/2015allowed

Sundeshwar Rai And ORS v. The State Of Bihar

2015-08-05Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36225 of 2015 ======================================================

1. Sundeshwar Rai son of Late Sukkan Rai

2. Chandeshwar Rai son of Late Sukkan Rai

3. Anil Rai @ Anil Kumar Rai son of Sundeshwar Rai

4. Bechani Devi wife of Sundeshwar Rai

5. Indu Devi wife of Chandeshwar Rai All resident of Village- Kharsand Purvi, P.S. Kalyanpur, District- Samastipur (Bihar).

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Vinay Kumar Mishra, Advocate. For the Opposite Party : Mr. Sanjay Kr.Panday (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-08-2015 Heard learned counsel for the petitioners as well as the learned A.P.P.

This criminal miscellaneous has been filed for modification in the order dated 01.04.2015 passed in Cr. Misc. No. 38877 of 2014 by submitting that in the earlier bail application due to typographical error in place of section 379, section 370 of the Indian Penal Code was typed and accordingly in the second paragraph of the order dated 01.04.2015 that typographical error has occurred and as such in place of section 370, section 379 of the Indian Penal Code should be modified or corrected. Further time for surrendering in the court below be also extended, to which the learned A.P.P. does not dispute.

Patna High Court Cr.Misc. No.36225 of 2015 (2) dt.05-08-2015 2/2 Let in the order dated 01.04.2015 in paragraph-2 in place of section 370, section 379 of the Indian Penal Code be read and in view of the said modification the petitioners above named are directed to surrender before the court below within four weeks from the date of receipt/production of a copy of this order and the learned court below after ascertaining genuineness of the compromise petition shall release the petitioners on bail on furnishing bail bonds to his own satisfaction. Accordingly, this criminal miscellaneous is hereby allowed.

(Jitendra Mohan Sharma, J) Abhay/- U T