Patna High CourtCR. MISC./43745/2017allowed

Dasrath Chaudhary And ORS v. The State Of Bihar

2017-09-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43745 of 2017 ======================================================

1. Dasrath Chaudhary, S/o Late Goga Chaudhary

2. Brahmdeo Choudhary, S/o Late Kashi Chaudhary &

3. Muneshwar Chaudhary S/o Arjun Chaudhary .... .... Petitioners.

Versus

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

For the Petitioner/s : Mr. Rabindra Prasad Singh For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-09-2017 This petition has been filed to modify the order dated 03-08-2017 passed in Cr. Misc. No. 30824 of 2017. It has been submitted that petitioners were granted anticipatory bail by this court vide order dated 03-08-2017 passed in Cr. Misc. No. 30824 of 2017 but inadvertently, in the cause, title of original bail petition, the father's name of petitioner No. 3 has wrongly been mentioned as "Arun Chaudhary" in place of "Arjun Chaudhary". Likewise, same mistake occurred in the order dated 03-08-2017 passed in Cr. Misc. No. 30824 of 2017. Counsel for the petitioner seeks permission to correct the father's name of petitioner No. 3 mentioned in cause, title of Cr. Misc. No. 30824 of 2017.

Permission is accorded. Counsel for the petitioner is permitted to make necessary correction in the original petition

Patna High Court Cr.Misc. No.43745 of 2017 (2) dt.13-09-2017 during course of the day.

Accordingly, the father's name of petitioner No. 3 mentioned in the cause, title of the order dated 03-08-2017 passed in Cr. Misc. No. 30824 of 2017 is corrected to the extent that father's name of petitioner No. 3 mentioned as "Arun Choudhary" be read as "Arjun Choudhary".

It has also been submitted that due to aforesaid mistake, the petitioner No. 3 could not be released as time for surrender has expired.

In such circumstances, four weeks further time is granted to petitioner No. 3 to surrender in the court below. In the event, the petitioner No. 3 surrenders in the court below within four weeks from receipt/production of copy of the order, he will be released on anticipatory bail on same terms and conditions as mentioned in the order 03-08-2017 passed in Cr. Misc. No. 30824 of 2017.

This Modification application is allowed.

(Sanjay Priya, J) A.K.V./- U T