Patna High Court
Akhilesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
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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