Patna High Court
Sudha KumariversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- RAJESH KUMAR VERMA
Holding
The second modification petition is not proper and is dismissed.
Summary
Sudha Kumari was ordered by the Patna High Court to surrender on 21 May 2025 in Criminal Miscellaneous No. 26564. She filed a modification application which was allowed on 26 September 2025, altering the surrender terms. The petitioner failed to surrender within the new deadline and subsequently filed a second modification application seeking further relief. The Court examined whether a second modification was permissible after the earlier modification had already been granted and the petitioner had not complied. Finding that the second application was improper, the Court dismissed the petition.
Issues considered
- Whether a second modification application is maintainable when the petitioner has already been granted a modification and has failed to comply with the order.
Subjects
- modification of order
- surrender
- criminal miscellaneous procedure
- non‑compliance
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 29078 of 2026
In
CRIMINAL MISCELLANEOUS No.26564 of 2025
Arising Out of PS. Case No.-662 Year-2024 Thana- DANAPUR District- Patna
======================================================
Sudha Kumari W/O Mantu Singh R/O Village- Mustafapur, P.S- Khagaul,
Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Ms. Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-05-2026 Heard Mr. Mukesh Kumar, learned counsel for the
petitioner and Ms. Nirmala Kumari, learned Additional Public
Prosecutor for the State.
2. The present modification application has been filed
for modification of the order dated 26.09.2025 passed in Cr.
Misc. No. 56748 of 2025.
3. The petitioner had earlier approached this Court for
modifying the order dated 21.05.2025 passed in Cr. Misc. No.
26564 of 2025 and the same was allowed vide order dated
26.09.2025 passed in Cr. Misc. No. 56748 of 2025.
4. Despite of aforesaid, the petitioner has not
surrendered within the stipulated time and she has again sought
modification of the order dated 26.09.2025 passed in Cr. Misc.
Patna High Court CR. MISC. No. 29078 of 2026(2) dt.01-05-2026
2/2
No. 56748 of 2025. It appears that the petitioner has not chosen
to comply the order of this Court dated 21.05.2025 passed in Cr.
Misc. No. 26564 of 2025 and filing second modification
application, though the order dated 21.05.2025 had already
modified by this Court vide order dated 26.09.2025 passed in
Cr. Misc. No. 56748 of 2025.
5. In view of the aforesaid, second modification
petition is not proper.
6. Accordingly, this modification application stands
dismissed.
(Rajesh Kumar Verma, J)
Suruchi/-
U
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