Patna High CourtCR. MISC./21836/2023allowed

Dhanpati Devi v. The State Of Bihar

2023-05-03Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21836 of 2023 In CRIMINAL MISCELLANEOUS No.63425 of 2018 Arising Out of PS. Case No.-112 Year-2017 Thana- PAROO District- Muzaffarpur ============================================== DHANPATI DEVI WIFE OF BHULAN RAI R/O VILLAGE- GOPALPUR, P.S.- PAROO, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.

============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2023 This application has been filed for modification of the order dated 30.09.2021 passed by this Court in Cr. Misc. No. 63425 of 2018. By the aforesaid order, the petitioner was directed to surrender before the court below, namely, 9th Additional Sessions Judge, Muzaffarpur in connection with Paroo P.S. Case No. 112/2017 (Sessions Trial No. 143/2018).

However, it has been submitted by the learned counsel for the petitioner that due to inadvertence, the name of court below has wrongly been mentioned in the

Patna High Court CR. MISC. No.21836 of 2023(2) dt.03-05-2023 2/3 petition for anticipatory bail as 9th Additional Sessions Judge, Muzaffarpur and due to which, the same has been recorded in the order dated 30.09.2021. It should been learned A.C.J.M. (West), Muzaffarpur. Precisely for this reason, the petitioner could not surrender before the court below to take advantage of the order granting bail to her.

For the reasons stated in the modification application, the order dated 30.09.2021 is modified to the extent that the petitioner would be required to surrender before learned A.C.J.M. (West), Muzaffarpur and not before 9th Additional Sessions Judge, Muzaffarpur, where the case of other accused persons had been tried.

Since much time has elapsed since the passing of the earlier order, the time for surrendering before the court below is also extended by further period of four weeks.

The order dated 30.09.2021 passed by this Court in Cr. Misc. No. 63425 of 2018 stands modified to

Patna High Court CR. MISC. No.21836 of 2023(2) dt.03-05-2023 3/3 the extent indicated above.

The modification application stands allowed.

(Ashutosh Kumar, J) sunilkumar/- U T