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Patna High CourtCR. MISC./41169/2020disposed

Dulava Devi v. The State Of Bihar

2021-02-24Mr. Justice Vikash Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41169 of 2020 In CRIMINAL MISCELLANEOUS No.25238 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- NARDIGANJ DistrictNawada ====================================================== 1.

Dulava Devi Wife of - Gore Choudhary Resident of Village- Posh, P.S. - Nardiganj, District - Nawada.

2.

Neelam Devi wife of - Rakesh Choudhary Resident of Village- Posh, P.S. - Nardiganj, District - Nawada.

3.

Manjeeta Devi @ Manjita Kumari Wife of Pintu Choudhary Resident of Village- Posh, P.S. - Nardiganj, District - Nawada. 4.

Kajal Devi @ Kajal Kumari Wife of Sintu Choudhary Resident of VillagePosh, P.S. - Nardiganj, District - Nawada. ... ... Petitioners

Versus

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

For the Petitioner :

Mr. Sanjay Kumar Sinha, Advocate For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 24-02-2021 I.A. No. 01 of 2021 Learned counsel for the petitioners states that he does not want to press the interlocutory application. Accordingly, the interlocutory application stands rejected as not pressed. Cr. Misc. No. 41169 of 2020 Heard learned counsel for the petitioners and learned APP for the State. Learned counsel for the petitioners has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all

Patna High Court CR. MISC. No.41169 of 2020(3) dt.24-02-2021 2/3 defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The present petition has been filed for modification of the order dated 23.11.2020 passed in Cr. Misc. No. 25238 of 2020.

3. Learned counsel for the petitioners submits that due to typographical error in the bail application in paragraph-1 of Cr. Miscellaneous No. 25238 of 2020, P.S. Case No. has been mentioned as "Nardiganj P.S. Case No. 229 of 2019" instead of "Nardiganj P.S. Case No. 299 of 2019" which accordingly carried in the order dated 23.11.2020 in paragraph Nos. 2 and 5. Hence, the petitioners could not surrender and furnish bail bonds before the learned Court below. A prayer has been made for necessary correction of the P.S. Case number and to extend time for surrender and furnishing bail bonds before the court below.

4. Accordingly, let the reference to "Nardiganj P.S. Case No. 229 of 2019" as appearing in the order dated 23.11.2020 in paragraph nos. 2 and 5 in Cr. Misc. No. 25238 of 2020 be treated as corrected to read as "Nardiganj P.S. Case No. 299 of 2019" in both the above aforesaid paragraphs.

5. Order dated 23.11.2020 is modified only to the above extent.

6. The time for surrender and furnishing bail bonds in terms of the order dated 23.11.2020 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.41169 of 2020(3) dt.24-02-2021 3/3 25238 of 2020 is extended by four weeks from today.

7. Cr. Misc. No. 41169 of 2020 stands disposed of.

8. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioners within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T