Patna High Court
Md. RafiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SONI SHRIVASTAVA
Holding
The court extended the surrender period by two weeks and ordered confirmation of the provisional bail upon verification of the payment, subject to the parties withdrawing all other cases and effecting a divorce.
Summary
The petitioner, Md. Rafi, sought confirmation of a provisional bail that had been granted on 11‑08‑2025 but could not be secured because the required bail bond of Rs.5,00,000 was not paid at that time. The petitioner later paid the full amount of Rs.15,00,000 into the account of the opposite party via RTGS. The court extended the surrender period by two weeks from receipt of the order, directing that a notice be issued to the opposite party to appear within two weeks, and that if the opposite party does not appear but the payment is verified, the provisional bail would be confirmed. The court also reiterated its earlier direction that the parties must take steps to withdraw all pending cases against each other and obtain a divorce. The application for confirmation of bail was disposed with these directions.
Issues considered
- Whether the surrender period for the petitioner can be extended for confirming provisional bail after payment of the bail bond
- Whether the court can confirm provisional bail upon verification of payment despite the opposite party's non‑appearance
Subjects
- provisional bail
- bail bond
- surrender period
- extension of bail
- family dispute
- withdrawal of cases
- divorce
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15173 of 2026
In
CRIMINAL MISCELLANEOUS No.89892 of 2024
Arising Out of PS. Case No.-1335 Year-2023 Thana- SIWAN COMPLAINT CASE District-
Siwan
======================================================
Md. Rafi S/o Chand Ahmad Resident of Village- Bairiya, P.S.- Muzaffarpur,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Smita Shreeyash
For the Opposite Party/s : Mr.Shyam Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Let the defect(s) as pointed out by the office be
ignored.
3. Learned counsel for the petitioner has submitted
that the provisional bail had been granted to the petitioner vide
order dated 11.08.2025 but the bail bonds could not be furnished
as the required amount of Rs. 5,00,000/- could not be paid on
that point of time. However, it has been submitted that the entire
amount of Rs. 15,00,000/- is now paid in the account of the
opposite party no. 2 through RTGS which would be evident
from Annexure-2.
4. Considering the above-mentioned submissions, the
Patna High Court CR. MISC. No.15173 of 2026(2) dt.25-02-2026
2/2
period for surrender granted to the petitioner for seeking
provisional bail vide order dated 11.08.2025 is extended by
another two weeks from the date of receipt/production of a copy
of this order whereafter, the learned court concerned would
issue notice to the opposite party no. 2 seeking her appearance
within a period of two weeks and even in case of non-
appearance, if the court concerned is satisfied with the factum of
payment being made into her account, the court would proceed
to confirm the provisional bail granted to the petitioner.
However, it goes without saying that the observation with regard
to taking effective steps to get all the cases withdrawn/dismissed
against each other and also get the divorce effected between the
parties as observed in paragraph -6 of the order dated
11.08.2025 would, however, remain intact.
5. With the aforesaid observations and directions, this
application is disposed of.
(Soni Shrivastava, J)
devendra/-
U T
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