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Patna High CourtCR. MISC./70973/2021disposed

Shankar Mahto v. The State Of Bihar

2021-12-22Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70973 of 2021 In CRIMINAL MISCELLANEOUS No.7363 of 2021 Arising Out of PS. Case No.-90 Year-2020 Thana- PATAHI District- East Champaran ====================================================== 1.

SHANKAR MAHTO Son of Late Parichhan Mahto Resident of village - Patahi, P.S. - Patahi, District - East Champaran. 2.

NATHUNI MAHTO Son of Rajendra Mahto Resident of village - Patahi, P.S. - Patahi, District - East Champaran.

3.

RAJENDRA MAHTO Son of Late Ramdhani Mahto Resident of village - Patahi, P.S. - Patahi, District - East Champaran. 4.

TARA DEVI W/o Shankar Mahto Resident of village - Patahi, P.S. - Patahi, District - East Champaran.

5.

BHIKHARI MAHTO S/o Rajendra Mahto Resident of village - Patahi, P.S. - Patahi, District - East Champaran.

6.

SANGITA DEVI Wife of Subh Narayan Mahto @ Jug Narayan Mahto Resident of village - Patahi, P.S. - Patahi, District - East Champaran. 7.

RAJANI DEVI Wife of Rajendra Mahto Resident of village - Patahi, P.S. - Patahi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2021 The present petition has been filed for modifying the order dated 23.11.2021 passed in Criminal Miscellaneous No. 7363 of 2021 to the extent that the concerned court wherein the petitioners are required to surrender should be mentioned as the learned court of Additional Chief

Patna High Court CR. MISC. No.70973 of 2021(2) dt.22-12-2021 2/3 Judicial Magistrate-VIII, East Champaran at Motihari instead of the learned court of Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran at Motihari.

The learned counsel for the petitioners submits that on account of inadvertence, the aforesaid error had crept in his original petition i.e. Criminal Miscellaneous No. 7363 of 2021, however, the said mistake has been corrected in the present modification petition.

Accordingly, it is directed that the name of the court depicted in last page of the order dated 23.11.2021 i.e. the learned court of Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran at Motihari be read as the learned court of Additional Chief Judicial Magistrate-VIII, East Champaran at Motihari.

This Court further deems it fit and proper to extend the time granted to the petitioners to surrender before the learned court below by a further period of four weeks from today, however, the rest of the order dated 23.11.2021 shall remain

Patna High Court CR. MISC. No.70973 of 2021(2) dt.22-12-2021 3/3 as it is.

Accordingly, the present modification petition stands disposed of with the aforesaid modification in the order dated 23.11.2021 passed in Criminal Miscellaneous No. 7363 of 2021.

(Mohit Kumar Shah, J) Ajay/- U T