Patna High Court
Rinku Kumari @ Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- R P MISHRA
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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