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Patna High CourtCR. MISC./61468/2021disposed

Pankaj Rai @ Pankaj Kumar Rai v. The State Of Bihar

2021-12-15Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61468 of 2021 In CRIMINAL APPEAL (SJ) No.2419 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- DIGHWARA District- Saran ====================================================== 1.

PANKAJ RAI @ PANKAJ KUMAR RAI Son of Dahaur Rai Resident of Village - Saidpur Dighwara, P.S.- Dighwara, District - Chapra (Saran). 2.

Sunita Devi Wife of Pankaj Rai Resident of Village - Saidpur Dighwara, P.S.- Dighwara, District - Chapra (Saran).

3.

Chandan Rai Son of Ramadhar Rai Resident of Village - Saidpur Dighwara, P.S.- Dighwara, District - Chapra (Saran).

4.

Deepak Rai Son of Ramadhar Rai Resident of Village - Saidpur Dighwara, P.S.- Dighwara, District - Chapra (Saran).

5.

Naveen Rai Son of Moti Ray Resident of Village - Saidpur Dighwara, P.S.- Dighwara, District - Chapra (Saran).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Narain Sinha, Advocate For the Opposite Party/s :

Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-12-2021 Heard Mr. Jitendra Narain Sinha, learned Advocate for the petitioner and Mr. Binay Krishna, learned Spl. PP for the State.

Mr. Sinha, learned Advocate for the applicants/appellants seeks modification of the order dated 21.08.2021 passed in Criminal Appeal (SJ) No. 2419 of 2021 to the extent that the name of the father of appellant no. 5 be read as Moti Ray.

The mistake has crept in the order because of

Patna High Court CR. MISC. No.61468 of 2021(2) dt.15-12-2021 2/2 the wrong parentage of appellant no. 5 given in the memo of appeal.

In view of the statement made on behalf of the applicant/appellant no. 5, the order dated 21.08.2021 is modified to the extent that the name of the father of appellant no. 5 be read as 'Moti Ray'.

The order dated 21.08.2021 is modified to the extent indicated above.

In case the applicant/appellant no. 5 has not yet surrendered, the time for his surrendering is further extended by a period of six weeks with the other conditions in the order subsisting.

The petition stands disposed off accordingly. (Ashutosh Kumar, J) krishna/- U T