Mamta Kumari @ Manita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50567 of 2019 In CRIMINAL MISCELLANEOUS No.29295 of 2016 Arising Out of PS. Case No.-640 Year-2015 Thana- NALANDA COMPLAINT CASE District- Nalanda ====================================================== MAMTA KUMARI @ MANITA KUMARI, Wife of Ranjit Kumar, D/o Ganesh Ram Resident of Mohalla - Garhpur Ward No. 27, P.S. - Bihar, Distt - Nalanda. At present resident of village - Bahadi Bigha, P.S.- Sure, Distt - Nalanda (Bihar).

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Ranjeet Kumar, Son of Late Ashok Kumar, Resident of Mohalla - Garhpur, Near Pakar Tree, P.S.- Bihar, Distt - Nalanda (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar, Adv.

For the Opposite Party/s :

Mr. (Dr.) Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The present application has been filed for modification of the order dated 09.03.2017, passed in Criminal Miscellaneous No. 29295 of 2016 to the extent of permitting the petitioner to add alias name of the opposite party no.2 as

Patna High Court CR. MISC. No.50567 of 2019(3) dt.16-10-2019 2/3 "Manita Kumari".

It is submitted by learned counsel for the petitioner that the alias name of opposite party no.2 is Manita Kumari, daughter of Ganesh Ram, but since in the complaint petition, the complainant has mentioned her name only as "Mamta Kumari", daughter of Ganesh Ram, hence in the bail application, the alias name 'Manita Kumari' could not be typed. In support of the said contention, learned counsel for the petitioner has brought on record her true copies of the high school certificate and admit card issued by the Bihar School Examination Board as well as Aadhar Card and bank account pass book, as contained in Annexure-1 series. Hence it appears that in the order dated 09.03.2017, the name of the opposite party no.2. has been recorded as 'Mamta Kumari' since it has been recorded as such in the criminal miscellaneous application.

In the circumstances, the order dated 09.03.2017, passed in Criminal Miscellaneous No. 29295 of 2016 is modified to the extent that let the name of opposite party no.2 be read as 'Mamta Kumari @ Manita Kumari' instead of Mamta Kumari, subject to filing of similar application before the concerned Court for amendment of the name of complainant in complaint petition.

Patna High Court CR. MISC. No.50567 of 2019(3) dt.16-10-2019 3/3 Accordingly, the modification application stands disposed of.

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