Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74464 of 2023 In CRIMINAL APPEAL (SJ) No.2175 of 2023 Arising Out of PS. Case No.-411 Year-2022 Thana- RAJAPAKAR District- Vaishali ====================================================== SANJAY RAI S/O DEWENDRA RAI VILLAGE- RAJAPAKAR, CHOWARI, PS. RAJAPAKAR, DIST. VAISHALI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

LALIYA DEVI W/O RAGHUNATH RAM VILLAGE- RAJAPAKAR CHOWARI, PS. RAJAPAKAR, DIST. VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rupa Kumari, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard the parties.

2. The present application has been filed to modify the order dated 05.07.2023 passed in Criminal Appeal No. 2175 of 2023.

3. Learned counsel for the petitioner submits that vide order dated 05.07.2023 passed in Criminal Appeal No. 2175 of 2023, the appeal was dismissed as withdrawn in respect of appellant nos. 1 & 5, due to wrong submission on behalf of learned counsel for the appellants, whereas the fact is that only appellant no.5 was apprehended during pendency of this appeal.

4. On the grounds mentioned in the modification application and in the interest of justice, the order dated

Patna High Court CR. MISC. No.74464 of 2023(2) dt.03-11-2023 2/2 05.07.2023 passed in Criminal Appeal No. 2175 of 2023 is modified to the extent that the appeal is dismissed as withdrawn on behalf of appellant no.5 only.

5. Accordingly, the order dated 05.07.2023 is modified to the extent as indicated above and this modification application stands disposed of.

(Anjani Kumar Sharan, J) divyanshi/- U T