Patna High Court
Tuni Devi @ Tunni DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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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