Sumitra Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54241 of 2019 In CRIMINAL MISCELLANEOUS No.8282 of 2019 Arising Out of PS. Case No.-54 Year-2016 Thana- BHAGWANPUR District- Vaishali ====================================================== SUMITRA DEVI, Wife of Meghnath Singh, Resident of Village - Asoi Lachiram, P.S.- Bhaganpur, Distt - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashid Izhar, Adv.

For the Opposite Party/s :

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for modification of the order dated 13.02.2019, passed in Criminal Miscellaneous No. 8282 of 2019, whereby the prayer for anticipatory bail of the petitioner was rejected in connection with a case registered for the offences punishable under Sections 304B, 201, 34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act.

The modification has been sought to be made to the extent that the case is still pending before the learned ACJM-III, Vaishali at Hajipur, but in the above-mentioned order inadvertently, it has been recorded that 'the trial of other coaccused persons is going on but the petitioner does not appear

Patna High Court CR. MISC. No.54241 of 2019(3) dt.16-10-2019 2/2 during the trial'. The order dated 25.03.2019, passed by the learned ACJM-III, Vaishali at Hajipur passed in Bhagwanpur P.S. Case No. 54 of 2016 suggests that the case has not been committed to the Court of sessions.

It is submitted by learned counsel for the petitioner that the case has not been committed to the Court of Sessions. Considering the fact that the said mistake perpetuated in the order since it was wrongly mentioned in the petition, let the order dated 13.02.2019, passed in Criminal Miscellaneous No. 8282 of 2019 be modified to the extent that the case is still pending before the Court of learned ACJM-III, Vaishali at Hajipur and the period of surrender of the petitioner before the learned Court below be extended till 8th of November, 2019 in connection with Bhagwanpur P.S. Case No. 54 of 2016. It is made clear that no further modification application will be entertained in connection with the present criminal miscellaneous application.

Accordingly, the modification application stands disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T