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Patna High CourtCR. MISC./26512/2022disposed

Amresh Singh v. The State Of Bihar

2022-06-22Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26512 of 2022 In CRIMINAL MISCELLANEOUS No.11858 of 2022 Arising Out of PS. Case No.-11 Year-2021 Thana- MAHILA PS District- Jehanabad ====================================================== 1.

AMRESH SINGH S/o Maheshwar Singh Resident of Village- Mansa Bigha, P.S.- Khizorsarai and District- Gaya.

2.

Rita Devi W/o Amresh Singh Resident of Village- Mansa Bigha, P.S.- Khizorsarai and District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2, Advocate For the Opposite Party/s :

Mr.Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-06-2022 Heard learned counsel for the petitioners and learned counsel for the State.

Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks.

The present application has been filed for modification of the order dated 24.03.2022 passed in Cr. Misc. No. 11858 of 2022 by which the petitioners were granted anticipatory bail in connection with Jehanabad Mahila P.S. Case No. 11 of 2021 and the petitioners were directed to surrender in the Court below within a period of twelve weeks. Learned counsel for the petitioners submits that

Patna High Court CR. MISC. No.26512 of 2022(2) dt.22-06-2022 2/3 inadvertently due to typographical error, in the prayer portion of the application, name of the Court below has been typed as "learned Additional Chief Judicial Magistrate-1st Gaya" in place of "learned Sub Divisional Judicial Magistrate, Jehanabad" and as such the same has been typed in the order dated 24.03.2022 passed in Cr. Misc. No. 11858 of 2022. learned counsel for the petitioners further submits that due to that reason, the petitioners could not surrender in the Court below well within time. It is prayed on behalf of the learned counsel for the petitioners that further time may be extended so that the petitioners could surrender in the Court below. From perusal of the record, it appears that learned counsel for the petitioners is correct in his submission.

Let the words "learned Additional Chief Judicial Magistrate-1st Gaya" typed in the 7th paragraph of the order dated 24.03.2022 passed in Cr. Misc. No. 11858 of 2022 be corrected to be read as "learned Sub Divisional Judicial Magistrate, Jehanabad". The period of surrender of the petitioners in the Court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

Patna High Court CR. MISC. No.26512 of 2022(2) dt.22-06-2022 3/3 The order dated 24.03.2022 passed in Cr. Misc. No. 11858 of 2022 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T