Rahul Kumar @ Doma @ Rahul ... vs The State Of Bihar
2021 Latest Caselaw 4165 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.42526 of 2021
                          Arising out of
             CRIMINAL MISCELLANEOUS No.36640 of 2020
     Arising Out of PS. Case No.-130 Year-2020 Thana- KHARIK District- Bhagalpur
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Rahul Kumar @ Doma @ Rahul Choudhary (Aged about 27 years, Male), S/o Akali Choudhary @ Akali Pasi, resident of village- Gerabari (Korha), P.S.- Korha, District- Katihar

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate For the State : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Pawan Kumar Singh, learned counsel

for the petitioner and Mr. Mukeshwar Dayal, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The present petition has been filed seeking

modification in the judgment and order dated 02.07.2021 passed

in Cr. Misc. No. 36640 of 2020.

4. Learned counsel for the petitioner submitted that

the Court had allowed the prayer for pre-arrest bail of the

petitioner by the aforesaid judgment and order; however, among

the conditions it was also stipulated that one of the bailors shall Patna High Court CR. MISC. No.42526 of 2021 dt.18-08-2021

be a close relative of the petitioner.

5. Learned counsel submitted that the petitioner is a

poor person and has only a mother and a wife in the family and

both of them do not have any landed property. Thus, it was

submitted that they are not in a position to stand as bailor for

release of the petitioner. It was submitted that in the

supplementary affidavit filed on his behalf, it has been stated

that the aunt (phua) of the wife of the petitioner, who has

sufficient sureties to furnish the bail bonds of the petitioner, is

ready to do so and, thus, the Court may allow her to stand as one

of the bailors in satisfaction of the condition of having a close

relative as one of the bailors.

6. Learned APP submitted that the Court may

consider the plea.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court finds that the prayer made is bona fide and it does not

violate the spirit of the order as the person who is ready to

furnish bail bonds is closely related to the wife of the petitioner.

8. Accordingly, in the judgment and order dated

02.07.2021 passed in Cr. Misc. No. 36640 of 2020, the

condition with regard to one of the bailors being a close relative Patna High Court CR. MISC. No.42526 of 2021 dt.18-08-2021

of the petitioner stands modified and substituted by Aruna Devi,

the aunt (phua) of the wife of the petitioner.

9. The Court is conscious of the fact that due to such

problem being faced by the petitioner, the time allowed for him

to surrender before the Court below has now elapsed. Thus, in

the interest of justice, the same is also extended by a further

period of six weeks from today.

10. As pointed out by learned counsel for the

petitioner, due to typographical error in the main petition of Cr.

Misc. No. 36640 of 2020, in the address of the petitioner, the

name of the police station had wrongly been typed as "Katihar"

though it should be "Korha". It was submitted that in the present

petition, the correct name of the police station has been typed

and the Court may modify the judgment and order dated

02.07.2021 passed in Cr. Misc. No. 36640 of 2020 further with

regard to the correction in the cause title in the address of the

petitioner where instead of "PS Katihar" it be read as "PS

Korha". Prayer of the petitioner is allowed.

11. Accordingly, in the judgment and order dated

02.07.2021 passed in Cr. Misc. No. 36640 of 2020 as well as the

main petition of the said Criminal Miscellaneous, in the address

of the petitioner, instead of "PS Katihar", the same be corrected Patna High Court CR. MISC. No.42526 of 2021 dt.18-08-2021

as "PS Korha".

12. The rest of the judgment and order dated

02.07.2021 passed in Cr. Misc. No. 36640 of 2020 shall remain

unchanged.

13. The petition stands disposed of in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T