IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42244 of 2009 MISRILAL BHANDARI Versus STATE OF BIHAR ----------- 02. 06.01.2010 The present application has been filed seeking modification of the order dated 07.09.2009, passed in Cr.Misc.No.17857 of 2009. Paragraphs 3 and 4 of the present application are reproduced hereinbelow: “3. That it is relevant to submit here that originally the Samastipur Rail P.S. Case No.70/2007 was registered on the basis of the complaint case no.3/2007 for the offence under section 376 of the I.P.C. but the police after proper investigation submitted final form for not sent up for trial and the same was accepted. 4. That the Railway Magistrate has accepted the final form but proceeded on the basis of protest petition and that protest was treated as Complaint and it was registered as C.R.No.4/2008 and cognizance was taken and process was issued in connection with C.R.No- 4/2008.” Having regard to the said facts and the submissions advanced in support thereof, this Court is persuaded to allow the application. Accordingly the order dated 07.09.2009, passed in Cr.Misc.No.17857 of 2009 is modified to the effect that in place of Samastipur Rail P.S.Case No.70/2007 appearing in the last paragraph of the said order, it shall be read as C.R.No.4/2008. hr ( Kishore K. Mandal )