Patna High CourtCR. MISC./81784/2019allowed

Mazharul Islam v. The State Of Bihar

2020-07-01Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81784 of 2019 In CRIMINAL MISCELLANEOUS No.25535 of 2019 Arising Out of PS. Case No.-283 Year-2010 Thana- BISFI District- Madhubani ====================================================== Mazharul Islam, Son of Kalam Resident of Village - Narchak, P.S. - Bisfi, Distt - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-07-2020 Heard Mr. Md. Soban Asghar, learned Advocate for the petitioner and Ms. Pushpa Sinha-1, learned APP for the State.

The petitioner seeks modification of the order dated 19.07.2019 in as much as the name of the father of the petitioner has wrongly been stated to be Kalam. The name of the father of the petitioner is Md. Hashim. However, no documentary proof of the fact that the name of the father of the petitioner is Hashim has been brought on record.

Though the order dated 19.07.2019 is modified to the extent that the name of the father of the petitioner be read as Md. Hashim in place of Kalam, but before giving privilege under the order to the petitioner,

Patna High Court CR. MISC. No.81784 of 2019(3) dt.01-07-2020 2/2 the court below shall doubly ascertain the correctness of the statement made by the petitioner. He shall also insist for some documentary proof of the fact that the petitioner is the son of Md. Hashim and not Kalam. For the reasons stated in the petition, the prayer is allowed.

The order dated 19.07.2019 is modified to the extent that if the petitioner surrenders before the court below within a period of six weeks from today, he shall be released on anticipatory bail on the same terms and conditions which were fixed on 19.07.2019.

The order stands modified to the extent indicated above.

The modification petition stands disposed of accordingly.

(Ashutosh Kumar, J) krishna/- U T