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Patna High Court

Sunita Devi @ Sumanlata Devi @ Arti DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court allowed the modification, extending the surrender period by four weeks subject to a bail bond and deposit.

Summary

Sunita Devi sought anticipatory bail in Cr. Misc. No.16012 of 2025, which required her to surrender before the court within four weeks. The four‑week period elapsed because of a miscommunication by the case's Pairwikar, and she filed a modification application requesting an extension. The State opposed, noting the petitioner’s gender but accepted the miscommunication explanation. The court examined the request and, considering the circumstances, ordered that the original order be corrected and the surrender deadline extended by another four weeks, subject to a bail bond and a Rs.2000 deposit with the Patna High Court Lawyers’ Association. The modification application was therefore allowed.

Issues considered

  • Whether the anticipatory bail order can be modified to extend the surrender deadline due to alleged miscommunication.

Subjects

  • anticipatory bail
  • modification of order
  • surrender deadline
  • miscommunication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11237 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.16012 of 2025
                     Arising Out of PS. Case No.-3 Year-2023 Thana- HULASGANJ District- Jehanabad
                 ======================================================
                 Sunita Devi @ Sumanlata Devi @ Arti Devi W/o- Ajay Singh Village-
                 Katauli PS-Hulasganj Distt- Jehanabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :          Mr.Paras Nath, Adv.
                 For the Opposite Party/s :          Mr.Pushpa Sinha.1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   18-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The present application has been filed for

                   modification in order dated 02.04.2025 passed in Cr. Misc.

                   No.16012 of 2025.

                                3. Counsel submits that by virtue of the said order, the

                   petitioner was granted anticipatory bail with direction to

                   surrender before the Court within four weeks. He further

                   submits that four weeks has already been lapsed, but petitioner

                   could not surrender herself only due to miscommunication of

                   Pairwikar          of      this      case.     As      such,      he       seeks

                   modification/correction in the said order and submits that time

                   may be extended.
           Patna High Court CR. MISC. No.11237 of 2026(2) dt.18-02-2026
                                                       2/2




                                  4. Counsel for the State submits that the petitioner is a

                     lady and it is due to miscommunication of Pairwikar, the

                     petitioner could not surrender herself before the Court.

                                  5. In the light of the submissions made, let the said

                     correction be made in the order dated 02.04.2025 passed in Cr.

                     Misc. No.16012 of 2025 and further four weeks’ time is hereby

                     extended from today to surrender herself before the Court with

                     the same condition of bail bond, subject to payment of

                     Rs.2000/-, which shall be deposited in the account of Patna

                     High Court Lawyers’ Association.

                                  6. Accordingly, the modification application is hereby

                     allowed upto the extent.



                                                                (Dr. Anshuman, J)
Prakashmani/-

U      T


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