Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the surrender period may be extended by four weeks subject to a deposit of Rs.2000 to the District Legal Services Authority.
Summary
Kiran Devi filed an application seeking modification of the order dated 16 July 2025 in Criminal Miscellaneous No.80388 of 2024, which had fixed a surrender period in connection with Complaint Case No.601 of 2023. The petitioner requested an extension of the surrender period, citing grounds set out in paragraph 4 of the application. The High Court examined whether it could lawfully extend the surrender period and under what conditions. The Court held that the surrender period could be extended by four weeks from the date of receipt of the order, provided the petitioner deposits Rs.2000 in the account of the concerned District Legal Services Authority. Accordingly, the order was modified as directed and the application was disposed.
Issues considered
- Whether the period of surrender granted to the petitioner can be extended?
- Whether the extension may be conditioned upon a monetary deposit to the District Legal Services Authority?
Subjects
- surrender
- modification of order
- criminal miscellaneous
- extension of surrender period
- District Legal Services Authority
- deposit condition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22575 of 2026
In
CRIMINAL MISCELLANEOUS No.80388 of 2024
Arising Out of PS. Case No.-601 Year-2023 Thana- NAWADAH COMPLAINT CASE
District- Nawada
======================================================
Kiran Devi W/O Shailendra Yadav R/o Village- Radhey Bigha, P.S.- Narhat,
Dist.- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Manoj Kumar S/O Late Kedar Singh R/O Vill.- Bhadesni, P.S.- Hisua, Dist.-
Nawada.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Md. Ataur Rahman, APP
For the O.P. No.2 : Mr. Aryamani Kumar, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed for
modification of order dated 16.07.2025 passed in Cr. Misc. No.
80388 of 2024 to the extent of extending the period of surrender.
3. On the grounds mentioned in para-4 of the
modification application, the period of surrender is extended by
four weeks from the date of receipt/production of a copy of this
order in connection with Complaint Case No. 601 of 2023,
subject to deposit of sum of Rs.2000/- (Rupees Two Thousand)
in the account of concerned District Legal Services Authority.
Patna High Court CR. MISC. No.22575 of 2026(4) dt.24-04-2026
2/2
4. The order dated 16.07.2025 is modified to the
extent as indicated above.
5. Accordingly, this modification application stands
disposed of.
(Soni Shrivastava, J)
Trivedi/-
U T
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