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Patna High CourtCR. MISC./30399/2018allowed

Ramakant Tiwary And ORS v. State Of Bihar And ANR

2018-05-16Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30399 of 2018 ======================================================

1. Ramakant Tiwary, son of late Krishnanath Tiwary

2. Shashikant Tiwary

3. Umakant Tiwary Both sons of late Shankarnath Tiwary All resident of village Kauwaha Balaha, P.S. Govindganj, Distt. East Champaran. At present resident of village Siswania, P.S. Ramgarhwa, Distt. East Champaran.

4. Adar Devi, wife of late Udhawnath Tiwary

5. Nitshnath Tiwary, son of late Udhawnath Tiwary Both resident of village Kauwaha, Balaha, P.S. Gobindganj, Distt. East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Sambhu Tiwary @ Chandra Shekhar Nath Tiwary, son of late Madhonath Tiwary, resident of village Kawaha, Balaha, P.S. Gobindganj, Distt. East Champaran.

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

For the Petitioner/s : Mr. Ram Adya Singh, Advocate. For the Opposite Party/s : Smt. Gulnar Begam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioners and learned counsel for the State.

This modification petition has been filed on behalf of the Petitioners to modify the order dated 23.04.2018 passed in Cr. Misc. No. 8234 of 2018.

It has been submitted on behalf of the Petitioners that inadvertently, in the original anticipatory bail petition, the father's name of the petitioners has wrongly been typed as all sons of "late Shankarnath Tiwary @ Late Krishnanath Tiwary", but the fact is

Patna High Court Cr.Misc. No.30399 of 2018 (2) dt.16-05-2018 2/2 that petitioner No. 1 is son of "late Krishnanath Tiwary" and petitioner Nos. 2 and 3 are sons of "late Shankar Nath Tiwary" and due to that, same mistake occurred in the order dated 23.04.2018 passed in Cr. Misc. No. 8234 of 2018. Accordingly, this modification application is allowed to the extent that in the cause title of order dated 23.04.2018 passed in Cr. Misc. No. 8234 of 2018, the father's name of petitioner Nos. 2 and 3, in place of "Late Shankar Nath Tiwary @ Late Krishnanath Tiwary", let it be read as "Late Shankar Nath Tiwary".

Let this order be communicated to the learned Additional Chief Judicial Magistrate, Areraj (East Champaran), in connection with Trial No. 1750 of 2017 arising out of Complaint/ Protest Case No. C-2027 of 2014.

(Sanjay Priya, J) S.Ali/- U T