Shiv Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27161 of 2022 In CRIMINAL MISCELLANEOUS No.1640 of 2022 Arising Out of PS. Case No.-74 Year-2021 Thana- MAHILA P.S. District- Nalanda ====================================================== 1.

SHIV KUMAR PRASAD S/o Late Shyamndeo Prasad Resident of VillageSujatpur, P.S.- Ghosi, District- Jahanabad. 2.

Kiran Devi W/o Shiv Kumar Prasad Resident of Village- Sujatpur, P.S.- Ghosi, District- Jahanabad.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sachchidanand Choudhary, Advocate For the Opposite Party/s :

Mr.Kalyan Shankar, 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 04.02.2022 passed in Cr. Misc. No. 1640 of 2022 by which the petitioners were granted anticipatory bail in connection with Mahila P.S. (Nalanda) Case No. 74 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.27161 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 S.D.J.M., Hilsa (Nalanda)" in place of "learned C.J.M., Nalanda (Biharsharif)" and as such the same has been typed in the order dated 04.02.2022 passed in Cr. Misc. No. 1640 of 2022. Learned counsel for the petitioners further submits that due to this 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 S.D.J.M., Hilsa (Nalanda)" typed in the 10th paragraph of the order dated 04.02.2022 passed in Cr. Misc. No. 1640 of 2022 be corrected to be read as "learned C.J.M., Nalanda (Biharsharif)". 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.

The order dated 04.02.2022 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.27161 of 2022(2) dt.22-06-2022 3/3 1640 of 2022 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T