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Patna High CourtCR. MISC./23295/2017disposed

Manoj Kumar Sharma @ Manoj Sharma And ORS v. The State Of Bihar

2017-05-17Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23295 of 2017 ======================================================

1. Manoj Kumar Sharma @ Manoj Sharma, S/o Late Dorika Sharma.

2. Nutan Devi, W/o Manoj Kumar Sharma.

3. Binod Kumar Sharma @ Binod Kumar, S/o Late Dorika Sharma. All resident of Village- Meera Check, P.S.- Bihpur, District- Bhagalpur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------- 17-05-2017 Let the photocopy of the chargesheet produced by the learned counsel for the petitioners be kept on the record. Heard learned counsel for the petitioners and the learned A.P.P. for the State.

This application has been filed on behalf of the petitioners for modification in the order dated 16.12.2016 passed by this Court in Criminal Misc. No.53161 of 2016, whereunder the petitioners, in the event of their arrest or surrender before the learned court below within a period of six weeks from that day, were directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Munger, in

Patna High Court Cr.Misc. No.23295 of 2017 (2) dt.17-05-2017 2/3 connection with Muffasil P.S. Case No.233 of 2013, subject to the condition as laid down under Section 438(2) of the Cr.P.C. Learned counsel for the petitioners submits that while in the F.I.R., the accused no.6 has been shown as the wife of Manoj Sharma, name not known, and in the cause title of Criminal Misc. No.53161 of 2016 and in the cause title of the order dated 16.12.2016 passed in Criminal Misc. No.53161 of 2016 by this Court, the name of the petitioner no.2 has been mentioned as "Nutan Devi, wife of Manoj Kumar Sharma" but in the chargesheet the name of the wife of Manoj Sharma has been shown as "Punam Devi" and accordingly, a prayer has been made to modify the name of the petitioner no.2 in the cause title of the aforesaid order dated 16.12.2016 passed in Criminal Misc. No.53161 of 2016 by this Court as "Punam Devi wife of Manoj Kumar Sharma" in place of "Nutan Devi wife of Manoj Kumar Sharma".

In that view of the matter, in the cause title of the aforesaid order dated 16.12.2016 passed in Criminal Misc. No.53161 of 2016 by this Court, the name of the petitioner no.2 be read as "Punam Devi wife of Manoj Kumar Sharma" in place of "Nutan Devi, wife of Manoj Kumar Sharma".

The order dated 16.12.2016 passed in Criminal Misc.

Patna High Court Cr.Misc. No.23295 of 2017 (2) dt.17-05-2017 3/3 No.53161 of 2016 by this Court is modified to the aforesaid extent only.

The period of the surrender of the petitioner no.2 Punam Devi, wife of Manoj Kumar Shama, in the court below in connection with the aforesaid case is further extended for four weeks.

This application is, accordingly, disposed of. (Rajendra Kumar Mishra, J) P.S./- U T