Dipak Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69453 of 2023 In CRIMINAL MISCELLANEOUS No.47777 of 2023 Arising Out of PS. Case No.-808 Year-2021 Thana- SITAMARHI COMPLAINT CASE District- Sitamarhi ====================================================== 1.

Dipak Tiwary, Male, aged about 65 years, S/o late Nagendra Prasad Tiwary 2.

Manish Tiwary, Male, aged about 60 years, S/o of late Nagendra Prasad Tiwary 3.

Must. Madhu Tiwary, Female, aged about 55years, wife of late Dharmendra Prasad Tiwary, All R/o village- Sharda Nagar Koat Bazar, Ward no. 16, Sitamarhi, P.S. and Distt. - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Vindeshwar Sah, Male, son of Harishchandra Sah, R/o village- Chandi Rajwara, P.S. - Bela, Distt. - Sitamarhi, A/p mohalla- Mahaveer Nagar, Koat Bazar, Ward no. 14 New, Sitamarhi, P.S. and Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Jha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 13-10-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. Learned counsel for the petitioners seeks permission to make necessary correction in the cause title with regard to gender of petitioner no. 3. Prayer is allowed.

3. The same may be done in course of the day.

4. This application has been for modification of the order dated 11.08.2023 passed in Cr. Misc. No. 47777 of 2023

Patna High Court CR. MISC. No.69453 of 2023(2) dt.13-10-2023 2/3 by which the petitioners were granted anticipatory bail in connection with Complaint Case No. C1/808/2021.

5. Learned counsel for the petitioners submits that due to inadvertence father's name of petitioner nos. 1 and 2, namely, Dipak Tiwary and Manish Tiwary was wrongly typed as 'Nageshwar Prasad Tiwary' in place of "Nagendra Prasad Tiwary" in the cause title of Cr. Misc. No. 47777 of 2023 and the same mistake has occurred in the order dated 11.08.2023 passed in Cr. Misc. No. 47777 of 2023 by which the petitioners have been granted anticipatory bail. Due to aforesaid mistake, the petitioner nos. 1 and 2 could not surrender in the Court below within the time granted by this Court. However, petitioner no. 3, Must. Madhu Tiwary, has surrendered before the court below within the time frame and she has been released on bail in terms of the aforesaid order.

6. Learned counsel for the petitioners seeks permission to make necessary correction in the cause title of Cr. Misc. No. 47777 of 2023 in respect of father's name of the petitioner nos. 1 and 2.

7. Permission is granted.

8. Let necessary correction be made in the father's name of petitioner nos. 1 and 2 in the cause title of Cr. Misc.

Patna High Court CR. MISC. No.69453 of 2023(2) dt.13-10-2023 3/3 No. 47777 of 2023.

9. Accordingly, in the cause title of order dated 11.08.2023 passed in Cr. Misc. No. 47777 of 2023, father's name of petitioner nos. 1 and 2, namely, Dipak Tiwary and Manish Tiwary be read as "Nagendra Prasad Tiwary" in place of 'Nageshwar Prasad Tiwary'.

10. Four weeks' further time from today is granted to the petitioner nos. 1 and 2 to surrender before the Court below in terms of order dated 11.08.2023 passed in Cr. Misc. No. 47777 of 2023.

11. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T