High Court modified clerical errors in an anticipatory bail order dt.20.5.2015, correcting relational descriptions of petitioners. Surrender time was extended by ten days.
Order modified to correct petitioner names; surrender time extended by ten days.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32259 of 2015
.... .... Petitioners Versus 1. The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : Mr. Jagdish Prasad Singh For the Opposite Party : Mr. M.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER
2 05-08-2015 Heard learned counsel for the petitioners and Mr. Dayal learned APP for the State.
The present application seeks modification in the order dated 20.5.2015 passed in Cr. Misc. no. 49635 of 2014 whereby they were granted the privilege of anticipatory bail.
Drawing attention of the Court to complaint petition as well as the name of the parties it has been submitted that by mistake petitioner Renu Devi was shown as wife of late Ram Lakhan Rai although in the complaint she has been shown as daughter of late Ram Lakhan Rai. The aforesaid correction be made in the order. Petitioner Masoom Kumari was shown as daughter of late Ram Lakhan Rai although in the complaint she has been shown as daughter of Renu Devi. The mistake appears
Patna High Court Cr.Misc. No.32259 of 2015 (2) dt.05-08-2015
2/2
to be in describing the names of the parties, in my view, requires to be corrected to facilitate them to reap the privilege of bail. It has also been pointed out that the order dated 20.5.2015 was corrected by this Court on 24.6.2015 and the time for surrender was extended by 10 days whereas the petitioners are said to have surrendered in the Court on 1st of July, 2015 to have the privilege of bail which was not accepted by the Court.
Considering the aforesaid this Court modifies the details of the petitioners as follows:-
Petitioner no.4 shall be read as ‘Renu Devi D/o late Ram Lakhan Rai’ and petitioner no.5 shall be read as ‘Masoom Kumari D/o Renu Devi’.
The application is allowed in the aforesaid terms. The time granted for surrender of the petitioners as per order dated 20.5.2015 is extended by ten days from today in connection with Complaint case no. 151 of 2014, pending in the Court of Judicial Magistrate 1st Class, Rosera, Dist. Samastipur.
(Kishore Kumar Mandal, J)
Shyam/-
U T
1 issue framed by the court
Whether to correct clerical errors in the petitioner's names in the anticipatory bail order.
Sanjay Kumar Rai
Shambhu Prasad Rai
Renu Devi
Masoom Kumari
Nivasan
Kishore Kumar Mandal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
