Suresh Prasad Yadav @ Suresh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38106 of 2022 In CRIMINAL MISCELLANEOUS No.14020 of 2022 Arising Out of PS. Case No.-26 Year-2021 Thana- MAHILA P.S BAGHA District- West Champaran ====================================================== 1.
Suresh Prasad Yadav @ Suresh Yadav (M), aged about 58 years, Son of Late Narayan Yadav, Resident of village- Naripur, Ward No. 11, P.S- Bagaha, (Pathkhauli), District- West Champaran.
2.
Rajesh Kumar @ Rajesh Yadav (M), aged about 34 years, Son of Suresh Prasad Yadav @ Suresh Yadav, Resident of village- Naripur, Ward No. 11, P.S- Bagaha, (Pathkhauli), District- West Champaran. 3.
Rakesh Kumar @ Rakesh Yadav (M), aged about 32 years, Son of Suresh Prasad Yadav @ Suresh Yadav, Resident of village- Naripur, Ward No. 11, P.S- Bagaha, (Pathkhauli), District- West Champaran. 4.
Mithilesh Kumar @ Mithu Yadav, (M), aged about 26 years, Son of Suresh Prasad Yadav @ Suresh Yadav, Resident of village- Naripur, Ward No. 11, P.S- Bagaha, (Pathkhauli), District- West Champaran. 5.
Sandhya Kumari alias Sandhaya Devi (F), aged about 28 years, Wife of Rajesh Kumar @ Rajesh Yadav, Resident of village- Naripur, Ward No. 11, P.S- Bagaha, (Pathkhauli), District- West Champaran. 6.
Gudiya Kumari alias Gudiya Devi (F), aged about 23 years, Wife of Rakesh Kumar @ Rakesh Yadav, Resident of village- Naripur, Ward No. 11, P.SBagaha, (Pathkhauli), District- West Champaran. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Arvind Kumar, Advocate For the Opposite Party :
Mrs. Veena Rani Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 27-07-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks.
Patna High Court CR. MISC. No.38106 of 2022(2) dt.27-07-2022 2/3 The present application has been filed for modification of the order dated 13.05.2022, passed in Cr. Misc. No. 14020 of 2022, by which the petitioners were granted anticipatory bail in connection with Mahila Thana Bagaha P.S. Case No. 26 of 2021, pending in the court of learned Additional District & Sessions Judge-VII-cum-Special Judge, POCSO, West Champaran, Bettiah and the petitioners were directed to surrender in the court below within a period of twelve weeks and furnish bail bond.
Learned counsel for the petitioners submits that due to inadvertent mistake in the order dated 13.05.2022, passed in Cr. Misc. No. 14020 of 2022, the alias name of petitioner nos. 4, 5 and 6 has been left out and due to that reason the petitioners could not surrender in the court below well within time and furnish bail bond. It is further submitted that further time may be extended so that the petitioners could surrender in the court below.
Considering the submissions made on behalf of learned counsel for the petitioners and the grounds mentioned in the modification application, let the name of appellant nos. 4, 5 and 6 be read as 'Mithilesh Kumar @ Mithu Yadav' in place of 'Mithilesh Kumar @ Mithilesh Yadav', 'Sandhya Kumari alias
Patna High Court CR. MISC. No.38106 of 2022(2) dt.27-07-2022 3/3 Sandhaya Devi' in place of Sandhya Kumari' and 'Gudiya Kumari alias Gudiya Devi' in place of 'Gudiya Kumari' respectively and the period of surrender of the petitioners 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 13.05.2022 passed in Cr. Misc. No. 14020 of 2022, is modified to the extent as indicated above. The present application is disposed of.
Let this order be communicated to the learned court below through e-mail.
(Sudhir Singh, J) U.K./- U T