Chhoti Kumar @ Chhoti Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70080 of 2018 In Criminal Miscellaneous No.53047 of 2018 Arising Out of PS. Case No.- Year- Thana- District- Banka ====================================================== Chhoti Kumar @ Chhoti Kumari Son of Krishna Mohan Sah Resident of Village-Acharaj,P.S. Bounsi,Distt.-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 02-01-2019 The present application has been filed for modification of the order dated 20.09.2018 passed in Cr. Misc. No. 53047 of 2018.

2. Learned counsel for the petitioner submits that the present petitioner is a male person, but through inadvertence he has erroneously been described as Chhoti Kumar @ Chhoti Kumari, daughter of Krishna Mohan Sah in place of Chhoti Kumar @ Chhoti Kumari, son of Krishna Mohan Sah in the bail petition which resulted from an ambiguity in the First Information Report. The same description has thus been carried in the order dated 20.09.2018 passed in Cr. Misc. No. 53047 of 2018.

3. Having regard to the averments in the modification petition, let the order dated 20.09.2018 passed in Cr. Misc. No. 53047 of 2018 be treated as corrected to read the name and parentage of the petitioner no. 3 therein as "Chhoti Kumar @ Chhoti Kumari, son of Krishna Mohan Sah.

Patna High Court Cr.Misc. No.70080 of 2018 dt.02-01-2019 2/2

4. The stipulated time of six weeks for surrender and furnishing of bail bond shall be reckoned from today only in the case of the present petitioner.

5. The modification petition stands allowed.

(Vikash Jain, J) Chandran/BT AFR/NAFR NAFR CAV DATE NA Uploading Date 07.01.2019 Transmission Date NA