Patna High Court
Akhilesh Sharma @ Aklesh Sharma @ Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the surrender period may be extended by three weeks on medical grounds, subject to a deposit of Rs 5,000.
Summary
The petitioner, Akhilesh Sharma, an accused in a 2009 complaint case under Section 498A of the Indian Penal Code, filed a criminal miscellaneous application seeking modification of a surrender order dated 16 June 2025. Earlier, a modification had extended the surrender period by three weeks, but the petitioner could not comply due to a medical condition, as evidenced by a prescription annexed to the record. The court considered the medical grounds and the nature of the offence and ordered an additional three‑week extension of the surrender period, subject to a deposit of Rs 5,000 with the District Legal Services Authority. The order dated 16 June 2025 was accordingly modified. The application was disposed of.
Issues considered
- Whether the surrender period can be further extended on medical grounds for an accused under Section 498A IPC
- Whether the court may condition the extension of surrender on a monetary deposit to the District Legal Services Authority
Legislation cited
- Indian Penal Code — s. 498A
Subjects
- surrender
- modification of order
- medical grounds
- Section 498A
- Indian Penal Code
- District Legal Services Authority
- high court
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30501 of 2026
In
CRIMINAL MISCELLANEOUS No.73158 of 2024
Arising Out of PS. Case No.-3640 Year-2009 Thana- VAISALI COMPLAINT CASE
District- Vaishali
======================================================
Akhilesh Sharma @ Aklesh Sharma @ Akhilesh Kumar S/o Ramnaumi
Sharma Resident of vill- Nayagaon, PS- Desari, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Reena Devi W/o Akhilesh Sharma @ Aklesh Sharma @ Akhilesh Kumar
R/o vill - Nayagaon, P.S.- Desri, Distt.- Vaishali
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shanti Bhushan Singh, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed for
modification of order dated 16.06.2025 passed in Cr. Misc. No.
73158 of 2024 to the extent of extending the period of surrender.
3. Earlier by way of another modification application
bearing Cr. Misc. No.64451 of 2025, the time had been
extended by three weeks, however, it has been submitted by the
learned counsel for the petitioner that earlier order could also
not be complied as the petitioner was indisposed and Annexure-
3 is the medical prescription which has been brought on record.
Patna High Court CR. MISC. No.30501 of 2026(2) dt.01-05-2026
2/2
4. On the medical grounds of the petitioner and also
considering that he is an accused in a case under Section 498A
of the IPC, let the period of surrender be extended by three
weeks from the date of receipt/production of a copy of this order
in connection with Vaisali Complaint Case No. 3640 of 2009,
subject to deposit of sum of Rs.5000/- (Rupees Five Thousand)
in the concerned District Legal Services Authority.
5. The order dated 16.06.2025 is modified to the
extent as indicated above.
6. Accordingly, this modification application stands
disposed of.
(Soni Shrivastava, J)
anand/-
U T
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