← Library
Patna High CourtCR. MISC./33450/2025allowed

Saroj Kumari @ Saroj Devi v. The State Of Bihar

2025-07-18Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33450 of 2025 In CRIMINAL MISCELLANEOUS No.70956 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== Saroj Kumari @ Saroj Devi W/o Late Dwarika Ray @ Davarik Ray @ Dovarik R/o Village - Rupnarayanpur, ward no 13, Panchyat kanhauli, PSMahanar District- Vashali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-07-2025 Learned counsel for the petitioner and learned APP for the State are present.

2. The present application has been filed under Section 528 of the B.N.S.S., 2023 for modification of the order dated 22.03.2025 passed in Cr. Misc. No. 70956 of 2024, on the ground that the present case pertains to the Saharsa district, but due to an inadvertent mistake, Supaul district was typed in the prayer portion of Cr. Misc. No. 70956 of 2024, which has also been reflected in the order sheet dated 22.03.2025 and therefore requires correction. Counsel further submits that the present application has been filed under Section 528 of the B.N.S.S., 2023 under which, it is well within the power of the Court that in the interest of justice, inherent power may be used. Counsel submits that here, due to mistake taken place by him, wrong

Patna High Court CR. MISC. No.33450 of 2025(3) dt.18-07-2025 2/2 district name has been typed in the bail application namely, Cr. Misc. No. 70956 of 2024.

3. Learned counsel for the State submits that from the pleading, it transpires that wrong district has been typed in the prayer portion as Supaul in place of Saharsa.

4. Upon perusal of the FIR, it transpires to this Court that the present case is relating to Saharsa district instead of Supaul district. Therefore, let the District Supaul typed in paragraph no.7 of the order dated 22.03.2025 passed in Cr. Misc. No.70956 of 2024 shall be read as District Saharsa. The condition to surrender before the trial court within four weeks from the date of the order dated 22.03.2025 is also hereby extended, and the said period shall now be counted as four weeks from today.

5. With the aforesaid direction, the present Cr. Misc. application is hereby allowed and order dated 22.03.2025 passed in Cr. Misc. No. 70956 of 2024 is modified up to that extent. (Dr. Anshuman, J) Divyansh/- U T