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Patna High Court

Rinku Kumari @ Rinku DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court modified the bail condition to allow the petitioner herself to be a bailor.

Summary

The petitioner, Rinku Kumari, was granted regular bail on 30-10-2025 with the condition that one bailor must be a close family member. She could not comply because her parents were deceased, her husband was incarcerated, and her children were minors, and the lower court would not accept distant relatives as bailors. She filed an application seeking modification of the bail condition. The High Court considered the circumstances and altered the condition, permitting the petitioner herself to act as a bailor. All other bail conditions remained unchanged. The modification application was allowed.

Issues considered

  • Whether the bail condition requiring a close family member as bailor can be modified when no such relative is available

Subjects

  • regular bail
  • bail modification
  • close family member
  • minor children
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.7302 of 2026
                                                In
                                CRIMINAL MISCELLANEOUS No.73310 of 2025
                 Arising Out of PS. Case No.-313 Year-2023 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Rinku Kumari @ Rinku Devi W/o Uttam Kumar Sahni @ Uttam Sahni R/o
                 vill - Rani Godhna, Durga Asthan, P.S.- Bachhwara, Distt.- Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Randhir Kumar No 1, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Singh, 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 30.10.2025 passed in Cr. Misc.

                   No. 73310 of 2025 by which the petitioner was granted regular

                   bail in connection with Dalsingsarai P.S. Case No. 313 of 2023.

                           3.      Learned counsel for the petitioner submits that

                   regular bail was granted to the petitioner vide order dated

                   30.10.2025, passed in Cr. Misc. No. 73310 of 2025 with a

                   condition that one bailor must be a close family member, but she

                   has been unable to furnish bail as no such relative is available,

                   her parents being deceased and her husband also in jail. It is,
           Patna High Court CR. MISC. No.7302 of 2026(2) dt.30-01-2026
                                                       2/2




                     therefore, prayed that as all the sons and daughters of the

                     petitioner are minors and the court below is not accepting

                     distant relatives as bailors, modification of the bail condition is

                     necessary in the interest of justice.

                           4.        Considering the submissions made on behalf of the

                     learned counsel for the petitioner and the grounds mentioned in

                     the modification application, the first condition in the order

                     dated 30.10.2025, passed in Cr. Misc. No. 73310 of 2025, shall

                     be read as : “one of the bailors shall be deponent, namely,

                     Gayatri Devi of this petition”. The rest of the conditions

                     stipulated in the order will be same.

                           5.        The order dated dated 30.10.2025 passed in Cr.

                     Misc. No. 73310 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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