Patna High Court
Ayesha KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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