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Patna High CourtCR. MISC./29743/2018allowed

Ravi Kant Das v. State Of Bihar And ANR

2018-05-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29743 of 2018 Arising Out of PS.Case No. -277 Year- 2014 Thana -DARBHANGA District- DARBHANGA ====================================================== Ravi Kant Das, Son of Gurucharan Lal, Resident of Village- Simri, Police Station- Bisfi, District- Madhubani, at Present Posted as Branch Manager of United Bank of India, Durg (Chhatishgarh).

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The United Bank of India, Darbhanga Branch Tower Chouk, P.S.- Town, District- Darbhanga.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmi Kant Sharma, Sr. Advocate Mr. Santosh Kumar Pandey, Advocate.

For the Opposite Party/s : Smt. Veena Kumari Jaiswal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

This application has been filed for modification of condition No. (2) of the order dated 04.04.2018 passed in Cr. Misc. 15908 of 2018. It has further been submitted that due to inadvertence in 9th line of fourth paragraph of the aforesaid order, the name of post of the petitioner has been mentioned as "Branch Manager" whereas it should have been "Deputy Manager" since at the relevant time the petitioner was posted as Deputy Manager. Learned counsel for the petitioner has submitted that petitioner is at present posted in Durg (Chhatisgarh) as Branch

Patna High Court Cr.Misc. No.29743 of 2018 (2) dt.16-05-2018 2/2 Manager. It is inconvenient for him to remain physically present on each and every date fixed by the court.

In view of such, condition No. 2 of the order dated 04.04.2018 passed in Cr. Misc. 15908 of 2018 is modified to the extent that in the event petition under Section 317 Cr. P.C. is filed in the court below on behalf of the petitioner the court below will consider the same in accordance with law. The petitioner will remain physically present as and when required by the court below. Similarly, in 9th line of fourth paragraph of the aforesaid order in place of the words "Branch Manager", let it be read as "Deputy Manager".

This Modification application stands allowed to the extent indicated above.

Let this order be communicated to the Court of learned Additional Chief Judicial Magistrate-IV, Darbhanga, in connection with Darbhanga Town P.S. Case No. 277 of 2014. (Sanjay Priya, J) S.Ali/- U T