Patna High CourtCR. MISC./63153/2018disposed

Janak Sharma And ANR v. The State Of Bihar

2018-10-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63153 of 2018 ======================================================

1. Janak Sharma, Son of late Bhutali Sharma

2. Gopal Sharma, Son of late Raguhvir Sharma Both are Resident of Village- Batrauliya, Police Station- Paharpur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 10-10-2018 The present application has been filed for modification of the order dated 20.09.2018 passed in Cr. Misc. No. 57863 of 2018 to the extent that by inadvertence it was stated in paragraph 3 of the main petition that the petitioners have no criminal antecedent, whereas the petitioners were accused in one other case i.e. Paharpur P.S. Case No. 261 of 2017 registered for the offences punishable under Sections 147, 341, 323, 324, 307, 354, 504 and 379 of the Indian Penal Code by the informant of the present case, in which during course of investigation, the police found the case to be true under bailable sections and released the petitioners on police bail.

Since Cr. Misc. No. 57863 of 2018 was affidavited by cousin brother-in-law of petitioner no. 1 hence, he

Patna High Court Cr.Misc. No.63153 of 2018 (2) dt.10-10-2018 2/2 was not properly instructed.

In the circumstances, learned counsel for the petitioners is permitted to make necessary correction in the main petition.

Considering the fact that the petitioners were granted anticipatory bail on the ground that they are not assailant to the deceased and accusation of disrobing was not levelled against them, the order dated 20.09.2018 passed in Cr. Misc. No. 57863 of 2018 is modified to the extent that let it be incorporated the petitioners are accused in other case, i.e., Paharpur P.S. Case No. 261 of 2017.

Let this order be communicated to the Court of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Paharpur P.S. Case No. 117 of 2018. Accordingly, this modification application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T