This single judge order modified an earlier anticipatory bail judgment by correcting the petitioner's residential address recorded therein. The court directed the acceptance of bail bonds upon surrender by 18.05.2023.
Order dated 22.12.2022 modified to correct petitioner's address; bail bonds accepted on surrender before 18.05.2023.
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.24357 of 2023
In
CRIMINAL MISCELLANEOUS No.43631 of 2022
Arising Out of PS. Case No.-113 Year-2022 Thana- JAMUI District- Jamui
======================================================
MILEE DEVI @ MILI DEVI Wife of Sri Nand Kishore Mishra R/VHarnaha, PS and Dist- Jamui, Permanent address is village- Nawkadih, PSLakshmipur, Dist-Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prakash Mahto, Advocate For the Opposite Party/s : Mr. Satya Nand Shukla, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 03-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Learned counsel for the petitioner submits that the petitioner was granted anticipatory bail by order dated 22.12.2022 in Cr. Misc. No. 43631 of 2022. It is next submitted that the petitioner had time to surrender till 6.02.2023.
Learned counsel next submits that the present modification application was filed on 9.01.2023. Learned counsel next submits that in Cr. Misc. No. 43631 of 2022, inadvertently, in place of the address of the petitioner, the address of the deponents who had sworn the affidavit was recorded, it is thus submitted that since the address of the
Patna High Court CR. MISC. No.24357 of 2023(2) dt.03-05-2023 2/3
petitioner was wrongly recorded in Cr. Misc. No. 43631 of 2022, as such, the petitioner could not have surrendered, realizing the bonafide mistake, the petitioner well within time preferred the present modification application seeking modification of the order dated 22.12.2022 in Cr. Misc. No. 43631 of 2022. Learned counsel next submits that in Cr. Misc. No. 43631 of 2022, the petitioner was described as Milee Devi @ Mili Devi, wife of Nand Kishore Mishra q resident of Village - Mahsaura, P.S. Ramgarh Chowk, District – Lakhisarai, when the petitioner ought to have been described as Milee Devi @ Milee Devi, Wife of Nand Kishore Mishra, resident of VillageHarnaha, P.S. and District- Jamui, permanently residing at village- Nawkadih, P.S. Lakshmipur, District-Jamui.
Learned counsel next submits that the present modification application has been filed seeking modification of the order dated 22.12.2022 in Cr. Misc. No. 43631 of 2022 to modify the order to describe the petitioner as Milee Devi @ Milee Devi, Wife of Nand Kishore Mishra, resident of VillageHarnaha, P.S. and District- Jamui, permanently residing at village- Nawkadih, P.S. Lakshmipur, District-Jamui.
Learned A.P.P. does not oppose the prayer of the petitioner.
Patna High Court CR. MISC. No.24357 of 2023(2) dt.03-05-2023 3/3
In view of the submissions made by the learned counsel for the petitioner, the order dated 22.12.2022 in Cr. Misc. No. 43631 of 2022 is modified to the extent indicated above.
In the event, if the petitioner surrender on or before 18.05.2023, her bail bonds shall be accepted on the same terms and conditions as recorded in order dated 22.12.2022 in Cr. Misc. No. 43631 of 2022
(Satyavrat Verma, J)
GauravSinha/-
U T
1 issue framed by the court
Whether to modify the earlier anticipatory bail order containing an erroneous address mistake to reflect the petitioner's correct residence details.
Milee Devi @ Mili Devi
The State of Bihar
Satyavrat Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
