Devki Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41 of 2015 ======================================================

1. Devki Devi, Wife of Laxman Sharma

2. Shyam Sundar Sharma @ S.P. Sharma, Son of Laxman Sharma .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Dr. Indiwar Kumari (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL ORDER 14-01-2015 Heard.

This is an application seeking some modification in order dated 24/11/2014 passed in Cr. Misc. No. 28061/2014 in connection with Gopalpur P.S. Case No. 173 of 2014 pending before Additional Chief Judicial Magistrate, Naugachia, District-Bhagalpur. It is submitted that against the petitioners same informant just ten days before the order aforesaid lodged one Gopalpur P.S. Case No. 455 of 2014 about which the petitioners have no knowledge; consequently neither it is mentioned in the original application nor could be stated during course of submissions made at the relevant time. At the same time, about the antecedent against petitioner no. 2 there is reference of "Gopalpur P.S. Case No. 40 of 2010", whereas, in fact it should be "Gopalpur P.S. Case No. 40 of 2014", but due the error aforesaid is there in paragraph no. 3 of the original application; consequently also occurred in the order. In view of the above, learned counsel for the petitioners is permitted to make necessary correction in paragraph no. 3 of the

Patna High Court Cr.Misc. No.41 of 2015 (2) dt.14-01-2015 2/2 original application during course of the day and, thereafter, the last three lines of paragraph no. 3 of the order dated 24/11/2014 be treated rectified and read as such:- "Further, petitioner no. 1 carries one criminal case against, such as: Gopalpur P.S. Case No. 455 of 2014, whereas, petitioner no. 2 carries two criminal cases against, such as: (i) Gopalpur P.S. Case No. 40 of 2014, wherein, he is on bail and (ii) Gopalpur P.S. Case No. 455 of 2014".

Further, as prayed for, the period to avail the liberty granted to the petitioners vide order dated 24/11/2014 is extended till 28/01/2015, subject to deposit of Rs. 8,000/- (Rupees Eight Thousand) each with District Legal Services Authority, Bhagalpur. (Akhilesh Chandra, J) Praveen-II/- U T