Safina Khatoon And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42839 of 2017 Arising Out of PS. Case No.- Year- Thana- District- Jehanabad ====================================================== 1.

Safina Khatoon Wife of Idrish Shah 2.

Poonam Khatoon Wife of Taj Sah 3.

Sabana Khatoon Wife of Raju Sah All are residents of Village - Nandanpura, P.S. Makhdumpur (Tehta O.P.), District - Jehanabad.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Sanjay Kumar For the Opposite Party/s :

Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 13-09-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor representing the State. This application has been filed for modification of the order, dated 13.07.2017, passed in Criminal Misc. No. 20872 of 2017, whereby the petitioners were allowed anticipatory bail under the impression that the concerned Makhdumpur (Tehta O.P.) Police Station Case No. 33 of 2017 discloses commission of offence punishable under Sections 326/498A/34 of the Indian Penal Code.

It has been stated in the present application seeking modification of the said order that Section 304B of the Indian Penal Code was also incorporated subsequently and in the

Patna High Court Cr.Misc. No.42839 of 2017(2) dt.13-09-2017 2/2 supervision report, the case has been found to be true under Section 304B of the Indian Penal Code. This fact could not be brought to the notice of the Court when the order was passed on 13.07.2017, due to inadvertence and lack of communication. The order, dated 13.07.2017, in that background, stands recalled and consequently Criminal Misc. No. 20872 of 2017 stands dismissed.

This application stands disposed of.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √