Patna High CourtCR. MISC./46774/2018bail granted

Madan Prasad And ORS v. State Of Bihar And ANR

2018-08-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46774 of 2018 Arising Out of PS.Case No. -883 Year- 2017 Thana -WEST CHAMPARAN COMPLAINT DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Madan Prasad Son of late Bindeshwari Prasad

2. Mankeshwar Prasad Son of Shri Madan Prasad

3. Chandra Kishore Prasad@ Chandra Kishore Kumar Son of Madan Prasad

4. Jai Ram Prasad Son of Madan Prasad All are residents of VillageBaluwa Rampurwa, Police Station- Bairiya, District- west Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Tulsi Prasad S/o late Jagdeo Mahto@ late Jagdeo Prasad VillageBaluawa Rampurwa, Police Station- Bairiya, District-Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2018 This case has been listed today under the heading "To Be Mentioned at the instance of learned counsel for the petitioners".

It has been submitted by learned counsel for the petitioners that in title portion Police Case No. 883 of 2017 is mentioned, whereas, it should have been Complaint Case No. 883C of 2017. Similarly, in the satisfaction portion of the said order, it has incorrectly been mentioned as C.J.M. Motihari, East Champaran, whereas, it should have been Additional Chief Judicial Magistrate -4th, Bettiah, West Champaran and further in stead of Complaint Case No. 883C of 2017, it has incorrectly been

Patna High Court Cr.Misc. No.46774 of 2018 (3) dt.30-08-2018 2/2 mentioned as Turkauliya P.S. Case No. 232 of 2018. In such view of the matter, P.S. Case 883 of 2017 mentioned in the top of the order dated 13.08.2018 be read as Complaint Case No. 883C of 2017. Similarly, in satisfaction portion it may be read as Additional Chief Judicial Magistrate-4th, Bettiah, District West Champaran in place of C.J.M. Motihari, East Champaran and further in place of Turkauliya P.S. Case No. 232 of 2018, it may be read as Complaint Case No. 883C of 2017. Further two weeks' time is allowed to petitioners to surrender before the court below.

Let this order be communicated to the concerned court below forthwith.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T