Patna High CourtCR. MISC./70056/2018disposed

Arbind Mehta @ Tappu v. State Of Bihar And ANR

2018-11-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70056 of 2018 In Criminal Miscellaneous No.54854 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Munger ====================================================== Arbind Mehta @ Tappu, Son of Late Parmeshwar Mehta, Residents of Bari Bhainsdiyara, Police Station- Barari, District- Katihar. ... ... Petitioner

Versus

1. The State of Bihar.

2. Rina Devi, Wife of Arbind Mehta @ Tappu, Daughter of Sarwan Mandal, Resident of Kasim Bazar, Navtoliya, Ward No. 40, P.S. Kasim Bazar, DistrictMunger. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Ajay Kumar, Advocate.

For the State :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-11-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for modification of the order dated 25.09.2018 passed in Cr. Misc. No. 54854 of 2018, by which the petitioner was granted anticipatory bail in connection with Complaint Case No. 821 (C) of 2016, pending in the court of learned S.D.J.M., Munger and the petitioner was directed to surrender in the court below within a period of six weeks and furnish bail bond. Learned counsel for the petitioner submits that due to some unavoidable reasons the petitioner could not surrender in the court below well within time. It is prayed on behalf of the

Patna High Court Cr.Misc. No.70056 of 2018(2) dt.28-11-2018 2/2 learned counsel for the petitioner that the name of the opposite party no. 2 may be corrected in the order dated 25.09.2018 passed in Cr. Misc. No. 54854 of 2018 as 'Rina Devi' in place of 'Rita Devi'. It is further submitted that further time may be extended so that the petitioner could surrender in the court below and furnish bail bond.

Considering the submissions made on behalf of learned counsel for the petitioner and the grounds mentioned in the modification application, the name of opposite party no. 2 in the order dated 25.09.2018 passed in Cr. Misc. No. 54854 of 2018 be read as 'Rina Devi' in place of 'Rita Devi' and the period of surrender of the petitioner in the court below is extended for a further period of six 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 25.09.2018 passed in Cr. Misc. No. 54854 of 2018, is modified to the extent as indicated above. Let this order be communicated to the learned court below through e-mail.

U.K./- (Sudhir Singh, J) U T