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Patna High CourtCR. MISC./47762/2021allowed

Ajeet Kumar Singh @ Ajit Kumar v. The State Of Bihar

2021-08-25Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47762 of 2021 In CRIMINAL MISCELLANEOUS No.28396 of 2021 Arising Out of PS. Case No.-761 Year-2016 Thana- SIWAN COMPLAINT CASE DistrictSiwan ====================================================== Ajeet Kumar Singh @ Ajit Kumar S/O Sh. Prahlad Singh R/O VillageMuiyan, P.S-Ziradei, District-Siwan ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Anjali Devi W/O Ajeet Kumar Singh Presently Residing With Her Father Sri Ramjee Singh At Village-Siswan Bujurg, P.S-Mairwan, District-Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-08-2021 Heard learned counsel for the petitioner and learned counsel for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out, by the office, within a period of four weeks from the date of restoration of normalcy. The present application has been filed for modification of the order dated 12.07.2021 passed in Cr.Misc.No. 28396 of 2021, by which the petitioner was granted anticipatory bail and he was directed to surrender in the court below within a period of twelve weeks.

Counsel for the petitioner submits that in the order

Patna High Court CR. MISC. No.47762 of 2021(2) dt.25-08-2021 2/3 dated 12.07.2021 passed in Cr.Misc.No.28396 of 2021 inadvertently due to typographical error, pin code of petitioner's address had wrongly been mentioned as "841239" in place of "841245".

Accordingly, Office is directed to correct the pin code of petitioner's address in the cause title of Cr.Misc.No.28396 of 2021.

Let the pin code of petitioner's address in the cause title of the order dated 12.07.2021 passed in Cr.Misc.No.28396 of 2021 be read as "841245" in place of "841239". Counsel for the petitioner further submits that in the seventh para of order dated 12.07.2021 passed in Cr.Misc.No.28396 of 2021, inadvertently due to typographical error, complaint case number had wrongly been mentioned as "Complaint case No.761 of 2020" in place of "Complaint case No.761 of 2016".

Considering the submissions made on behalf of the petitioner, let the complaint case number be read as "Complaint case No.761 of 2016" in place of "Complaint case No.761 of 2020" in the seventh para of the order dated 12.07.2021 passed in Cr.Misc.No.28396 of 2021.

It is submitted on behalf of the counsel for the

Patna High Court CR. MISC. No.47762 of 2021(2) dt.25-08-2021 3/3 petitioner that due to some unavoidable reasons the petitioner could not surrender in the court below well within time. It is further prayed on behalf of the counsel for the petitioner that further time may be extended so that the petitioner could surrender in the court below.

Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the court below is extended for a further period of eight 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 12.07.2021 passed in Cr.Misc.No. 28396 of 2021, is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Narendra/- U T