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Patna High Court

Tuni Devi @ Tunni DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court extended the surrender period by four weeks, allowing the petitioner additional time to surrender due to her medical exigency.

Summary

The petitioner, Tuni Devi, had earlier been ordered to surrender within eight weeks after her second anticipatory bail was dismissed as not maintainable. She filed a modification application citing ongoing treatment at AIIMS, Delhi, which prevented her from complying with the surrender deadline. The petitioner’s counsel argued that her medical condition warranted an extension of the surrender period. The court, after considering the medical exigency, extended the surrender deadline by an additional four weeks, keeping all other conditions unchanged. The modification application was allowed, thereby granting the petitioner more time to surrender.

Issues considered

  • Whether the surrender deadline under an anticipatory bail order can be modified on account of the petitioner’s medical condition
  • Whether the court may extend the period for surrender without altering other conditions of the original order

Subjects

  • anticipatory bail
  • modification of order
  • medical exigency
  • surrender deadline
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.5738 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.22905 of 2025
                        Arising Out of PS. Case No.-217 Year-2024 Thana- THALI District- Nawada
                 ======================================================
                 Tuni Devi @ Tunni Devi Wife of Lalan Pandey Village- Mahugai, P.S.- Thali,
                 District- Nawada

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Kant Singh, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd., APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   30-01-2026             Heard learned counsel for the petitioner and learned

                   counsel for the State.

                           2.      The present application has been filed for

                   modification of the order dated 19.11.2025 passed in Cr. Misc.

                   No. 22905 of 2025 by which second anticipatory bail of the

                   petitioner was dismissed as not maintainable, but keeping in

                   view her medical exigency, she was directed to surrender before

                   the court below within a period of eight weeks.

                           3.      Learned counsel for the petitioner submits that the

                   petitioner has been continuously undergoing treatment in

                   AIIMS, Delhi, she has not been able to return back and under

                   these circumstances, she could not comply the order dated
           Patna High Court CR. MISC. No.5738 of 2026(2) dt.30-01-2026
                                                       2/2




                     19.11.2025. It is prayed on behalf of the learned counsel for the

                     petitioner that further eight weeks’ time may be extended so that

                     the petitioner could surrender in the Court below, keeping in

                     view her medical exigency.

                           4.        Considering the submissions made on behalf of the

                     learned counsel for the petitioner and the grounds mentioned in

                     the modification application, in the interest of justice, the period

                     of surrender of the petitioner in the Court below is extended for

                     a   further     period      of    four     weeks    from   the   date   of

                     receipt/production of a copy of this order. The rest of the

                     conditions stipulated in the order will be same.

                           5.        The order dated dated 19.11.2025 passed in Cr.

                     Misc. No. 22905 of 2025 is modified to the extent as indicated

                     above.

                             6.      The modification application is, accordingly,

                     allowed.



                                                                  (Rudra Prakash Mishra, J)
Raj Kishore/-

U      T


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