Patna High Court
NITU KUMARIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that, notwithstanding the petitioners' delay, it may extend the surrender period by four weeks on the condition of a Rs.10,000 deposit with the Legal Services Authority.
Summary
The petitioners, Nitu Kumari and her relatives, sought a modification of the High Court's earlier order granting anticipatory bail, requesting additional time to surrender and furnish bail bonds. They argued that Nitu Kumari suffered serious injuries, preventing her from complying within the stipulated period, and that the other petitioners were caring for her, further hindering compliance. The State opposed, contending that the petitioners had shown disregard for the court's order by failing to surrender for over six months. The Court, while acknowledging the State's concerns, considered the humanitarian circumstances of the two female petitioners and their willingness to deposit Rs.10,000 with the Legal Services Authority as a token of their mistake. Consequently, the Court extended the surrender period by four weeks on the same terms, subject to the payment of the Rs.10,000 cost.
Issues considered
- Whether the High Court can extend the period for surrender and furnishing bail bond under an anticipatory bail order despite the petitioners' non‑compliance.
- Whether a cost can be imposed as a condition for such an extension.
Subjects
- anticipatory bail
- modification of order
- surrender deadline
- bail bond
- cost deposition
- Legal Services Authority
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16565 of 2026
In
CRIMINAL MISCELLANEOUS No.30408 of 2025
Arising Out of PS. Case No.-535 Year-2024 Thana- LAKHISARAI District- Lakhisarai
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1. Nitu Kumari Wife of Ravi Kumar Roy Resident of Mohalla - Kumhartoli
Near Ramsar Chowk, Bhagalpur, Police Station - Kotwali in the district of
Bhagalpur.
2. Ravi Kumar Son of Prahlad Singh Resident of Vidyapeeth Chowk,
Lakhisarai, Police Station - Lakhisarai in the district of Lakhisarai.
3. Soni Devi Wife of Ravi Kumar Resident of Vidyapeeth Chowk, Lakhisarai,
Police Station - Lakhisarai in the district of Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar, Adv.
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 13-03-2026 Heard the parties.
2. Application is filed seeking modification of the
order of this Court dated 13.08.2025 passed by this Court in Cr.
Misc. No. 30408 of 2025 for extension of further period to
surrender and furnish bail bond on behalf of the petitioners.
3. Learned Advocate for the petitioners fairly
submitted that this fact cannot be denied that the order
extending the privilege of anticipatory bail was passed on
13.08.2025, but on account of the fact the petitioner no. 1
sustained some serious injuries, she could not surrender within
the period stipulated and as the petitioner nos. 2 and 3 were
looking after the petitioner no. 1, they also could not ensure
their surrender and furnish bail bond.
Patna High Court CR. MISC. No.16565 of 2026(2) dt.13-03-2026
2/2
4. Learned Advocate for the State vehemently
opposed the prayer and submitted that prima facie it appears that
the petitioners have no respect for the order of this Court. Once
the pre-arrest bail was granted to the petitioners long back in the
month of August, 2025; more than six months have been lapsed
and they have failed to obey the order.
5. This Court finds substance in the submissions of
the learned Advocate for the State. However, taking note of the
fact that out of three petitioners, two of the petitioners are
female and they undertake that as a token of their mistake, they
will deposit an amount of Rs. 10,000/- to the Patna High Court
Legal Services Authority. This Court taking a sympathetic view,
extends further four weeks’ time to surrender and furnish bail
bonds of the petitioners with the same terms and conditions,
subject to payment of a cost of Rs. 10,000/- which shall be
deposited in the Patna High Court Legal Services Authority.
(Harish Kumar, J)
shivank/-
U T
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