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Patna High Court

Akhilesh Kumar SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the modification, extending the surrender period by four weeks subject to a Rs.500 payment.

Summary

Petitioner Akhilesh Kumar Singh sought a modification of the order dated 08.08.2025 which had granted him four weeks to surrender before the lower court to furnish bail bonds. The original period had expired and he had not yet surrendered. The respondent, Lalita Devi, alleged that the petitioner physically tortured her, asserting she could take legal action. The court considered the petition and, noting the petitioner was already on bail, directed that the surrender period be extended by another four weeks, subject to a payment of Rs.500 to the Patna High Court Legal Services Committee. The modification petition was therefore allowed.

Issues considered

  • Whether the court can extend the period for surrender of a petitioner to furnish bail bonds.
  • Whether the alleged domestic violence impacts the grant of extension.

Subjects

  • bail
  • modification of order
  • surrender
  • domestic violence
  • extension of time
  • legal services committee

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3753 of 2026
                                              In
                              CRIMINAL MISCELLANEOUS No.5110 of 2025
                 Arising Out of PS. Case No.-3508 Year-2022 Thana- SARAN COMPLAINT CASE District-
                                                          Saran
                 ======================================================
                 Akhilesh Kumar Singh S/o- Sahdev Singh Residetn of Village- Thikahan
                 Maricha, PS- Garkha District-Saran At Chapra

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar.
           2.    Lalita Devi W/o- Akhilesh Kumar Singh, D/o- Kameshwar Singh Residetn
                 of Village- Bajidpur, PS- Garkha District-Saran At Chapra

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Dewendra Narayan Singh, Advocate
                 For the Opposite Party/s :     Mr. Jitendra Kr. Singh, APP
                 For the Informant        :     Mr. Gharshayam Tiwary, Advocate
                                                Mr. Mithelsh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   18-03-2026                  Heard Mr. Dewendra Narayan Singh, learned counsel

                   for the petitioner and Mr. Jitendra Kr. Singh, learned APP as also

                   Mr. Mithlesh Kumar representing the opposite party no. 2.

                                2. The present modification has been preferred for:

                                              “for modification of the order dated

                                   08.08.2025 passed in Cr. Misc. 5110 of 2025 by

                                   Hon'ble Mr. Justice Rajiv Roy seeking extension of

                                   time for surrender of the petitioner before the

                                   learned court below for furnishing his bail bonds as

                                   the time period of four weeks granted to the

                                   petitioner for his surrender in the learned court

                                   below granted vide aforesaid order dated 08.08.2025
          Patna High Court CR. MISC. No.3753 of 2026(4) dt.18-03-2026
                                                      2/2




                                    has been expired and till date the petitioner could not

                                    surrender before the learned court below for

                                    furnishing his bail bonds.”

                                 3. In this case, the Cr. Misc. No. 5110 of 2025 was

                    allowed on 08.08.2025 and now, the present modification petition.

                                 4. The opposite party no. 2 has appeared and has

                    informed that though the payment is being made, at times, the

                    petitioner tortures the lady physically.

                                 5. The lady has all the power in the world to take

                    appropriate steps in accordance with law if the petitioner is

                    continuing with the physical torture.

                                 6. This Court will only expect the petitioner-husband

                    not to precipitate the matter further as he is already on bail in the

                    present case.

                                 7. With       the aforesaid        observation,   the   present

                    modification petition stands allowed subject to the payment of Rs.

                    500/- to the Patna High Court Legal Services Committee.

                                 8. The period of surrender is further extended to four

                    weeks from today.



                                                   (Rajiv Roy, J)
Adnan/-

U


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