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Patna High CourtCR. MISC./70430/2018dismissed

Bipin Paswan And ANR v. State Of Bihar And ANR

2018-11-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70430 of 2018 In Criminal Miscellaneous No.28441 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Patna ======================================================

1. Bipin Paswan, son of Mohan Paswan

2. Cham Cham Devi, wife of Subodh Paswan Both are resident of village Masathu, P.S. Belchhi, Distt. Patna. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Bade Paswan, son of Adalat Paswan, resident of village Chanda, P.O. Chanda, P.S. Athmalgola, Distt. Patna.

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

For the Petitioner/s :

Mr. Tej Narayan Singh, Advocate.

For the Opposite Party/s :

Mr. Sri Kanhaiya Kishore, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-11-2018 Heard learned counsel for the petitioners and the State.

This application has been filed for modification of the order dated 9.5.2018 passed in Cr. Misc. 28441 of 2018 by which petitioner No. 2 was granted anticipatory bail and prayer for bail of petitioner No. 1 was rejected.

Counsel for the petitioners submits that @ name of petitioner No. 2 is Rekha Devi. In support of it, he has filed xerox copy of Aadhar Card which has been enclosed as Annexure-3. In Aadhar Card her name Cham Cham Devi @ Rekha Devi is mentioned. Counsel for the petitioner further submits that petitioner No. 2 has been granted anticipatory bail

Patna High Court Cr.Misc. No.70430 of 2018(2) dt.28-11-2018 2/2 by aforesaid order with the name of Cham Cham Devi. This Court is not competent to make any observation as to whether Cham Cham Devi and Rekha Devi is same lady. Therefore, no modification in the order dated 9.5.2018 passed by this Court in Cr. Misc. 28441 of 2018 is required. This Modification application is accordingly dismissed.

Petitioner is given liberty to file petition in the court below who will get the matter enquired by the police whether Cham Cham Devi and Rekha Devi is same lady.

The petitioner may take appropriate step in accordance with law in the court below itself. (Sanjay Priya, J) S.Ali/- U T