Patna High CourtCR. MISC./46152/2017allowed

Vishwanath Parvat And ORS v. State Of Bihar And ANR

2017-10-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46152 of 2017 Arising Out of PS. Case No.- Year- Thana- District- Gopalganj ====================================================== 1.Vishwanath Parvat S/o Sheo Prasad Parvat

2. Kalawati Devi w/o Awadhesh Parvat

3. Shailesh Parvat S/o Vishwanath Parvat, all are residence of village Bhatwalia, P.S. Sidhwalia, Distt. Gopalganj .. ... Petitioner/s

Versus

1. The State Of Bihar

2. Poonam Devi, father's name Vakil Bharti, residence of village Goriya Kothi west Mathia, P.S. Gorya kothi, Distt. Siwan .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushil Kumar For the Opposite Party/s :

Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-10-2017 Heard learned counsel for the petitioners and learned counsel for the State.

This application has been filed for modification of the order dated 13.07.2017 passed in Cr.Misc.No.30461 of 2017, by which the petitioners were granted anticipatory bail in connection with Complaint case No.2350 of 2016, pending in the court of A.C.J.M., Siwan and the petitioners were directed to surrender in the court below within a period of six weeks and furnish bail bond.

It is submitted on behalf of the counsel for the petitioner that due to some unavoidable reason the petitioner could not surrender in the court below well within time. It is further submitted on behalf of the petitioners that due to typing error in the petition of Cr.Misc.No.30461 of 2017, in para 2 of the order

Patna High Court Cr.Misc. No.46152 of 2017(2) dt.18-10-2017 2/2 dated 13.07.2017 Section 403 I.P.C. has been mentioned, whereas it should be Section 406 I.P.C.

Hence, in para 2 of the order dated 13.07.2017 passed in Cr.Misc.No.30461 of 2017, Section 406 I.P.C. be read in place of Section 403 I.P.C.

It is also prayed on behalf of the counsel for the petitioners that further time may be extended so that the petitioners could surrender in the court below and furnish bail bond. Considering the submissions made on behalf of the learned counsel for the petitioners and the grounds mentioned in the modification application, the period of surrender of the petitioners in the court below also be extended for a further period of six 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.

The order dated 13.07.2017 passed in Cr.Misc.No.30461 of 2017 is modified to the extent as indicated above. The modification application is, accordingly, disposed of. Let this order be communicated to the learned court below through e-mail.

Narendra/- (Sudhir Singh, J) U