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Patna High CourtCR. MISC./70443/2019disposed

Bablu Kumar v. The State Of Bihar

2020-03-04Mr. Justice Rajendra Kumar Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70443 of 2019 In CRIMINAL MISCELLANEOUS No.24748 of 2019 Arising Out of PS. Case No.-194 Year-2018 Thana- ISLAMPUR District- Nalanda ====================================================== BABLU KUMAR Son of Shri Avdhesh Kumar Yadav Resident of VillageDharaut, P.S.- Makhmumpur, District- Jehanabad, Bihar. ... ... Petitioner.

Versus

1.

THE STATE OF BIHAR 2.

Sunita Kumari Wife of Bablu Kumar, Daughter of Mahendra Yadav Presently resident of Village- Bhatwabhag, P.S.- Islampur, District- Nalanda, Bihar.

... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Avinash Shekhar, Advocate.

For the State :

Mr. Lakshmi Kant Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-03-2020 Heard.

This application has been filed on behalf of the petitioner for modification of the order dated 08.08.2019 passed in Criminal Misc. No.24748 of 2019 by this Court with regard to the name of the father of the petitioner in the cause title of the aforesaid order and to extend the period of surrender of the petitioner in the concerned court below in connection with the concerned case.

It appears that vide order dated 08.08.2019 passed in Criminal Misc. No.24748 of 2019 by this Court, the petitioner was granted the privilege of pre-arrest bail in connection with

Patna High Court CR. MISC. No.70443 of 2019(2) dt.04-03-2020 2/3 Islampur P.S. Case No.194 of 2018, pending in the court of the Additional Chief Judicial Magistrate, Hilsa, Nalanda, or successor court, in the event of his arrest or surrender before the concerned court within four weeks from the date of the aforesaid order dated 08.08.2019.

Learned counsel for the petitioner submits that while in the cause title of the aforesaid order dated 08.08.2019 passed in Criminal Misc. No.24748 of 2019 by this Court, the name of the father of the petitioner has been mentioned as "Shri Avdhesh Kumar Yadav" but in the First Information Report of the concerned case, the name of the father of the petitioner has been mentioned as "Avdhesh Prasad alias Avdhesh Yadav", whereas according to the Aadhar Card of the father of the petitioner, the name of the father of the petitioner is Avdhesh Kumar and prays for modification of the name of the father of the petitioner to be read in the cause title of the aforesaid order dated 08.08.2019 passed in Criminal Misc. No.24748 of 2019 by this Court as "Shri Avdhesh Kumar Yadav alias Avdhesh Prasad alias Avdhesh Yadav alias Avdhesh Kumar" and also prays to extend the period of surrender of the petitioner in the concerned court below in connection with the aforesaid case.

In view of the aforesaid submission of the learned

Patna High Court CR. MISC. No.70443 of 2019(2) dt.04-03-2020 3/3 counsel for the petitioner, in the cause title of the aforesaid order dated 08.08.2019 passed in Criminal Misc. No.24748 of 2019 by this Court, the name of the father of the petitioner be read as "Shri Avdhesh Kumar Yadav alias Avdhesh Prasad alias Avdhesh Yadav alias Avdhesh Kumar". The period of surrender of the petitioner in the concerned court below in connection with the concerned case is further extended for a further period of four weeks from today.

The order dated 08.08.2019 passed in Criminal Misc. No.24748 of 2019 is modified accordingly.

This application is, accordingly, disposed of. (Rajendra Kumar Mishra, J) P.S./- U T