IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41695 of 2008 SUNDARI DEVI Versus STATE OF BIHAR ----------- 2. 25.9.2008 Heard. The present modification petition has been filed to seek correction in the name of the petitioner which appears in the petition. The petitioner has described herself in the petition as Sundar Devi. The contention is that the petitioner was remanded in the case, i.e., Didarganj P.S.Case no.123 of 2007 by the name of Sundar Devi and as such, the court below has refused to release the petitioner Sundar Devi, as was directed by this Court in its order dated 1.9.2008 passed in Cr.Misc.Petition No.33147 of 2008. If one could peruse the record of the case one could find that the prayer for bail of this petitioner was dismissed by Additional Sessions Judge-I,Patna in B.P.No.3030 of 2008 and the petitioner had described herself as Sundar Devi. If the A.C.J.M. Patnacity has not really released the petitioner taking resort to a technicality as indicated above, then this - 2 - court is anxious about it. The A.C.J.M. Patnacity could have verified from his own record that the petitioner’s prayer for bail as indicated above, was rejected by the Additional Sessions Judge-I, Patna under the same title head of the bail petition. He was not requiring any one to get the name of the petitioner corrected while he was recording the perusal of the rejection order passed by the Additional Sessions Judge-I, Patna. As soon as this Court directed the release of the petitioner under the same name, the court below was acting in utter technicality. This is some what like blocking the order of this Court from taking effect by resorting to technicalities by resigning one’s common sense and sense of propriety. This could also be a case of taking a person in custody who has been ordered to be released, in violation of a judicial order. I could direct the A.C.J.M. Patnacity to submit his explanation to the court as to how he blocked the release of the petitioner as per direction of this Court issued to him in Cr.Misc.Petition No.33147 of 2008. He should also point out to this court as to when did he - 3 - issue the release order for realasing the petitioner in Didarganj P.S.Case no.123 of 2007. As soon as the explanation is received the matter shall be processed by the Registrar(Vigilance) and placed before the Hon’ble Inspecting Judge of Patna Judgeship. Let the petitioner be directed to be released forthwith. This court does not require to correct the name of the petitioner if the name of the petitioner was same in the lower court. B.Kr. ( Dharnidhar Jha, J. )