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Patna High Court

Rinki DeviversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The court consigned the modification application to the records, withholding immediate relief.

Summary

Petitioner Rinki Devi filed a modification application seeking to avail a legal remedy despite a statutory bar under Section 403 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The State of Bihar opposed the application. Counsel for the petitioner argued that the bar should not preclude the remedy sought. The court examined the applicability of Section 403 BNSS to the petitioner's request. After hearing, the court did not grant immediate relief but consigned the modification application to the records for further consideration.

Issues considered

  • Whether the petitioner can avail the appropriate remedy notwithstanding the bar imposed by Section 403 of the BNSS

Legislation cited

Subjects

  • Criminal Procedure
  • Statutory Bar
  • Modification Application
  • BNSS
  • Remedy

Judgment

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.16043 of 2026
                         Arising Out of PS. Case No.-284 Year-2024 Thana- ATHMALGOLA District- Patna
                     ======================================================
                     Rinki Devi

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

                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :      Ms.Priyanka Singh, Advocate
                     For the Opposite Party/s       :       Mr.Ajit Kumar, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                           ORAL ORDER

2       11-03-2026                        Heard Ms. Priyanka Singh, learned counsel

                       appearing on behalf of the petitioner and Mr. Ajit Kumar,

                       learned counsel for the State.

                                    2. Learned counsel appearing on behalf of the

                       petitioner seeks liberty to avail the appropriate remedy in

                       accordance with law, in view of the bar contained in Section 403

                       of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

                                    3. Accordingly, the present modification application

                       stands consigned to the records.



                                                  (Purnendu Singh, J)
chn/-

U         T


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