Md. Safatullah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66597 of 2021 In CRIMINAL MISCELLANEOUS No.7547 of 2021 Arising Out of PS. Case No.-154 Year-2019 Thana- DARBHANGA COMPLAINT CASE District- Darbhanga ====================================================== MD. SAFATULLAH Son of Salamullah Resident of Village- Sahpur, P.S.- Jhanjharpur, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The present application has been filed for modification of the order dated 22.06.2021 passed in Cr. Misc. No. 7547 of 2021 by which the petitioner was granted anticipatory bail in connection with Complaint Case No. 154 of 2019 to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga and the petitioner was directed to surrender in the Court below within a period of twelve weeks.

Patna High Court CR. MISC. No.66597 of 2021(2) dt.01-12-2021 2/3 Learned counsel for the petitioner submits that inadvertently due to typographical error, the father's name of the petitioner had been mentioned as "Jiyaul Haque" in place of "Salamullah" in the petition of Cr. Misc. No. 7547 of 2021 and as such the same mistake occurred in the cause title also. Let the father's name of the petitioner be corrected to read as "Salamullah" in place of "Jiyaul Haque". The Office is directed to correct the father's name of the petitioner as "Salamullah" in place of "Jiyaul Haque" in the cause title of Cr. Misc. No. 7547 of 2021 accordingly. Learned counsel for the petitioner submits that due to aforesaid reason, the petitioner could not surrender in the Court below well within time.

It is prayed on behalf of the learned counsel for the petitioner that further time may be extended so that the petitioner could surrender in the Court below. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the period of surrender of the petitioner in the Court below is extended for a further period of eight weeks from the date of receipt/production of a copy of this order. The rest of the conditions stipulated in the order will be same.

Patna High Court CR. MISC. No.66597 of 2021(2) dt.01-12-2021 3/3 The order dated 22.06.2021 passed in Cr. Misc. No. 7547 of 2021 is modified to the extent as indicated above. The modification application is, accordingly, allowed. (Sudhir Singh, J) Pankaj/- U T