Patna High Court
PREETY KUMARIversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court allowed the modification, corrected the father's name in the cause title, and extended the surrender period by eight weeks subject to a Rs.5,000 deposit and bail bond.
Summary
The petitioner, Preety Kumari, filed a criminal miscellaneous petition seeking modification of an earlier order dated 01-12-2025 to correct a clerical error in the cause title where her father's name was incorrectly recorded as Harinandan Singh instead of Harinandan Yadav, and to obtain an extension of time to surrender. The High Court examined whether such corrections and extensions could be granted under its inherent powers. It held that the error was purely clerical and could be rectified, and that the court could extend the surrender period subject to conditions. Accordingly, the court ordered that the father's name be read as Harinandan Yadav and granted an additional eight weeks for surrender upon deposit of Rs.5,000 and furnishing a bail bond. The modification petition was allowed, and the earlier order was modified to the extent specified.
Issues considered
- Whether a court may modify its earlier order to correct a clerical error in the cause title.
- Whether the court may extend the period granted for surrender of the petitioner.
Subjects
- modification of order
- clerical error
- cause title correction
- extension of surrender period
- bail bond
- criminal miscellaneous
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2542 of 2026
In
CRIMINAL MISCELLANEOUS No.76608 of 2025
Arising Out of PS. Case No.-356 Year-2022 Thana- KUMAR KHAND District- Madhepura
======================================================
PREETY KUMARI D/o- Harinandan Yadav R/v- Kewatgawa Ps- Kumar
Khand Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Digvijay Narayan Singh, Advocate
For the Opposite Party/s : Mr. Anand Kishore Choudhary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and the State.
2. This petition has been filed for modification of
order dated 01.12.2025 passed in Cr. Misc. No. 76608 of 2025
to the extent of correction in the cause title and for extension of
period of surrender.
3. Due to inadvertence in the cause title of the main
petition, instead of ‘Harinandan Yadav’ in the name of the father
of petitioner it has wrongly been typed as ‘Harinandan Singh’.
Same error has occurred in aforesaid order dated 01.12.2025.
Accordingly, learned counsel for the petitioner requests for
necessary correction in the order.
4. In view of the aforesaid fact, let name of the father
of petitioner in cause title of the aforesaid order dated
Patna High Court CR. MISC. No.2542 of 2026(2) dt.18-02-2026
2/2
01.12.2025 be read as ‘Harinandan Yadav’ in place of
‘Harinandan Singh’ and further eight weeks’ time from the date
of receipt/production of copy of this order is granted to the
petitioner to surrender and furnish bail-bond before the court
below, subject to deposit of Rs. 5,000/- (Rupees Five
Thousand) to the concerned District Legal Services Authority
and to furnish its receipt with the bail-bond.
5. Accordingly, modification petition is allowed and
order dated 01.12.2025 passed in Cr. Misc. No. 76608 of 2025 is
modified to the above extent only.
(Prabhat Kumar Singh, J)
Navya/-
U T
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