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Patna High CourtCR. MISC./35212/2018disposed

Shidheshwar Yadav v. The State Of Bihar

2018-06-21Justice Smt. Anjana Mishra,Mr. Justice Dr. Ravi Ranjan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35212 of 2018 In Criminal Appeal (DB) No.850 of 2012 Arising out of P.S. Case No.-105 Year-1992 Thana- OBRA District- Aurangabad =============================================== Shidheshwar Yadav, Son of Late Chandrika Singh @ Chandrika Yadav, Resident of Village- Dhava, P.S. Jamhor, DistrictAurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate For the Opposite Party/s: Mr. Dilip Kumar Sinha, APP. =============================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) 21-06-2018 Heard.

This application has been filed for modification of the judgment dated 09.01.2018 passed in Cr. APP (DB) No. 850 of 2012 with respect to the name of the father of appellant. It is contended that the required modification is of clerical nature and bona fide as the name of father of the appellant Sidheshwar Yadav has been wrongly stated as Late Chandrika Singh in place of Late Chandrika Yadav in the memorandum of appeal, Vakalatnama and, as a consequence, in

Patna High Court Cr.Misc. No.35212 of 2018(2) dt.21-06-2018 2/2 the judgment also. It is further contended that in the FIR, charge-sheet as well as in the format of the statement of the accused recorded under Section 313 Cr.P.C. the name of the father of the appellant has been shown as Late Chandrika Yadav. There is no opposition from the State counsel to the submission made on behalf of the petitioner.

Accordingly, the aforesaid judgment stands modified to the extent that the name of the father of the appellant be treated as Late Chandrika Yadav and the release order which has already been sent earlier and which bears the name of the father of the appellant as Late Chandrika Singh shall also be treated as modified.

This application stands disposed of.

Let this order be communicated to the Ad hoc Additional Sessions Judge-IV, Aurangabad in Sessions Trial No. 25 of 1993 / 178 of 2010 arising out of Obra (Jamhore) P.S. Case No. 105/1992.

(Dr. Ravi Ranjan, J) Vikash/- (Anjana Mishra, J) U T