High Court Patna High Court - Orders

Satyadeo Prasad &Amp; Ors vs State Of Bihar on 21 December, 2010

Patna High Court – Orders
Satyadeo Prasad &Amp; Ors vs State Of Bihar on 21 December, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                      Cr.Misc. No.33527 of 2010
         1.   SATYADEO PRASAD SON OF ATE SHIVNANDAN PRASAD
         2.   ASHA DEVI WIFE OF SATYADEO PRASAD
         3.   NIVA DEVI WIFE OF LATE SUDHIR KUMAR SRIVASTAVA
         4.   MAMTA DEVI WIFE OF PRABHAT KUMAR ALIAS PAPPU
                                Versus
                            STATE OF BIHAR
                             -----------

3. 21.12.2010. This has come at the instance of

the learned counsel for the petitioners.

By order dated 6.10.2010 passed

in this case, bail was granted to the

petitioners. However, inadvertently, due

to typographical mistake, name of

petitioner no.4, namely, Mamta Devi wife

of Prabhat Kumar alias Pappu, resident

of Mohalla-Ishlampur, P.s.Town, District

Muzaffarpur was neither mentioned in the

cause title nor in the operative portion

of the order.

                             Regard       being        had      to     the

                   circumstances,        let     the        order    dated

6.10.2010 be modified to read as follows

and shall be deemed to have been

pronounced as such.

“Heard learned counsel appearing

on behalf of the petitioners and the

learned counsel appearing on behalf of

the State.

2

Petitioners are apprehending

their arrest in connection with Sakara

P.S.Case No.431 of 2009 for the offence

punishable under Sections 304B, 328 and

34 of the Indian Penal Code.

Taking into consideration the

submissions of the learned counsel for

the petitioners that the police has

submitted charge-sheet only against the

husband under Sections 306, 201/34 of

the Indian Penal Code and that the

husband has been granted regular bail by

a Bench of this Court in

Cr.Misc.No.18241 of 2010 vide order

passed on 26.5.2010 and that the

petitioner No.1 is the father-in-law,

the petitioner no.2 mother-in-law, the

petitioner no.3 the widowed daughter-in-

law and the petitioner no.4 the married

daughter of the petitioner Nos.1 and 2,

let the petitioners namely, Satyadeo

Prasad, Asha Devi, Niva Devi and Mamta

Devi, in the event of their arrest or

surrender within a period of four weeks

from the date of receipt/production of a

copy of this order before the Court
3

below, be released on bail upon each of

them individually furnishing bail bonds

of Rs.10,000/- (ten thousand) with two

sureties of the like amount each to the

satisfaction of the Chief Judicial

Magistrate, Muzaffarpur in connection

with Sakra P.S.Case No.431 of 2009

subject to the conditions stipulated in

Section 438(2) of the Code of Criminal

Procedure.”

As a consequence of the present

modification, the time to surrender by

petitioner no.4 Mamta Devi is extended

by a further period of four weeks from

today.

Let this order be communicated

to the court concerned by fax by the

Registry.

ahk                                 (Jyoti Saran, J)