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Patna High CourtCR. MISC./53338/2018allowed

Anjali Singh @ Anjali Devi v. The State Of Bihar

2018-09-14Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53338 of 2018 In Criminal Miscellaneous No.28716 of 2018 Arising Out of PS. Case No.- Year- Thana- District- West Champaran ====================================================== Anjali Singh @ Anjali Devi W/o Bharat Raut @ Lal Babu Singh, R/o vill.- Sugia, Katsari, P.S.- Sheohar, District- Sheohar. Presently residing at Bairya, Ganeshpur, P.S.- Piprahi, District- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Zaki Haider For the Opposite Party/s :

Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 14-09-2018 The petitioner was granted bail by a Bench of this Court vide order dated 16.07.2018 passed in Cr. Misc. No. 28716 of 2018. However, the petitioner could not be released on the ground that her husband's name differed in the remand order.

Learned counsel for the petitioner has presently filed a modification application seeking to modify the name of the husband of the petitioner by inserting an alias name. This, in the opinion of the Court is neither required nor permissible.

Learned counsel for the petitioner has submitted that Lal Babu Singh is a complete stranger to the petitioner and only because of some inadvertence, in the remand order, the husband's name of the petitioner

Patna High Court Cr.Misc. No.53338 of 2018(2) dt.14-09-2018 2/2 has been entered as Lal Babu Singh.

The court below ought to verify the aforesaid fact and pass orders in accordance with law, taking into account that the petitioner only is in jail who has been remanded in the aforementioned case. There could be a mistake in the name of the husband of the petitioner in the remand order. After being satisfied, the court below shall accept the bail bonds of the petitioner. Let the aforesaid order be communicated to the court below by whichever mode which is acceptable i.e. FAX or through e-mail.

(Ashutosh Kumar, J) krishna/- U T