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Patna High Court

Ayesha KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the erroneous reference to ‘Jamui’ shall be read as ‘Khagaria’, the petitioners must pay Rs 500 to the Legal Services Committee, and the surrender period is extended by four weeks.

Summary

The petitioners sought to modify a prior order dated 12‑03‑2026 because the prayer portion of their original petition mistakenly mentioned ‘Jamui’ instead of the correct district ‘Khagaria’. The court examined the request to correct this clerical error and considered the appropriate procedural consequences. It held that the erroneous term should be read as ‘Khagaria’ throughout the order. Additionally, the court directed the petitioners to pay Rs 500 to the Patna High Court Legal Services Committee and extended the period of surrender by four weeks. The modification order was thus issued, correcting the place name, imposing the fee, and granting the extension.

Issues considered

  • Whether the prayer portion of the petition can be corrected by modifying the earlier order
  • Whether a fee of Rs 500 is payable to the Legal Services Committee in connection with the modification
  • Whether the period of surrender may be extended as part of the modification

Subjects

  • modification of order
  • correction of petition
  • legal services fee
  • extension of surrender period
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26991 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.15296 of 2026
                     Arising Out of PS. Case No.-196 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
           1.     Ayesha Khatoon W/o Late Kasim Sah R/o vill - Belaganj, P.S.- Gangaur,
                  Distt.- Khagaria
           2.    Mobina Khatoon D/o Md. Sattar R/o vill - Islampur Olapur, Station Road,
                 ward o. 4, P.S.- Gangaur, Distt.- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hafiz Shahbaz Arif, Adv.
                 For the Opposite Party/s :       Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   24-04-2026                    Heard the parties.

                                2. The present application has been preferred for

                   modification of the order dated 12.03.2026 in Cr. Misc. No. 15296

                   of 2026 passed by this Court.

                                3.    In the original petition, the prayer portion was

                   wrongly recorded by the petitioner and as such, now

                   modification petition has been filed submitting that the place,

                   Jamui be deleted and in its place, the word Khagaria may be

                   incorporated.

                                4. In that background, the order dated 12.03.2026 is

                   modified with the observation that wherever the word Jamui has

                   come, the same be read as Khagaria. This is subject of payment
           Patna High Court CR. MISC. No.26991 of 2026(2) dt.24-04-2026
                                                       2/2




                     of Rs. 500/- to Patna High Court Legal Services Committee.

                                  5. The period of surrender is further extended by four

                     weeks.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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