Patna High CourtCR. MISC./33443/2022allowed

Rakesh Tiwary v. The State Of Bihar

2022-07-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33443 of 2022 In CRIMINAL MISCELLANEOUS No.50841 of 2021 Arising Out of PS. Case No.-140 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== RAKESH TIWARY Son of Yogendra Tiwari Resident of Village - Nagauli, P.S.- Basantpur, District - Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2022 Heard learned counsel for the parties.

The present modification application has been filed for modification of order dated 05.05.2022, passed in Criminal Miscellaneous No.50841 of 2021 to the extent of correcting the name of father of the petitioner and extending the period of surrender.

Learned counsel for the petitioner submits that the father's name of the petitioner in the cause title of Cr. Misc. No.50841 of 2021 has wrongly been typed as Lalan Tiwary in place of Yogendra Tiwari. Resultantly in the header portion of order dated 05.05.2022, passed in Cr. Misc. No.50841 of 2021, father's name of the petitioner has also wrongly been typed as Lalan Tiwary in place of Yogendra Tiwari.

Patna High Court CR. MISC. No.33443 of 2022(2) dt.06-07-2022 2/2 In view of the facts aforesaid, the order dated 05.05.2022, passed in Cr. Misc. No.50841 of 2121 is corrected to the extent that the father's name of the petitioner be read as Yogendra Tiwari in place of Lalan Tiwary.

Accordingly, the period of surrender is extended further by four weeks from the date of receipt/production of a copy of this order in connection with Basantpur P.S. Case No.140 of 2020 in terms of the order dated 05.05.2022, passed in Criminal Miscellaneous No.50841 of 2021, subject to payment of cost of Rs.2000/- to be deposited by the petitioner in Victim Compensation Fund.

The order dated 05.05.2022, passed in Criminal Miscellaneous No.50841 of 2021 is modified to the aforesaid extent.

The modification application is allowed.

(Anjani Kumar Sharan, J.) Sanjay/- U T