Patna High CourtCR. MISC./55554/2019disposed

Sarita Devi v. The State Of Bihar

2019-09-03Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55554 of 2019 Arising Out of PS. Case No.-314 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== Sarita Devi, aged about 30 years (Female), Wife of Kari Tanti, Resident of Village-Parmanandpur, Navtolia, P.S. and District-Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bidhanesh Misra, Adv.

For the Opposite Party/s :

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 Heard Mr. Bidhanesh Mishra, learned counsel appearing for the petitioner.

From perusal of the impugned order, it appears that the order dated 09.07.2019 passed by learned Sessions Judge, Madhepura is not an order on merit and it has been rejected on the ground that the petitioner had earlier filed an anticipatory bail application in ABP No. 428 of 2019.

Learned counsel appearing for the petitioner submits that in fact in A.B.P. No. 428 of 2019, the name of the petitioner's husband was wrongly mentioned inasmuch as the correct name of the husband of the petitioner is Kari Tanti but in the earlier bail application the name was mentioned as Umesh Tanti. Accordingly, the second bail application has been filed with correct name of the husband of the petitioner.

Patna High Court CR. MISC. No.55554 of 2019(2) dt.03-09-2019 2/2 Be that as it may, this bail application is being disposed of with liberty to the petitioner to move before the learned Sessions Judge, Madhepura for correction of the name of the husband of petitioner therein and if such petition is filed by the petitioner within 10 days, before the learned court below in A.B.P. No. 428 of 2019 for correction of name of the husband of the petitioner, the same may be considered by the learned court below in accordance with law as early as possible. The petitioner is also given liberty to move again before this Court after correction in order dated 17.05.2019 passed in A.B.P. No. 428 of 2019.

This application is accordingly disposed of.

(Anil Kumar Sinha, J) Anjula/- U