Patna High Court
Santosh KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court held that the bar under Section 403 BNSS prevents modification of the order dated 11‑10‑2023.
Summary
Santosh Kumar filed a criminal miscellaneous petition seeking modification of an order dated 11‑10‑2023 in Cr. Misc. No.57856 of 2023. The petition involved the State of Bihar and his wife, Sarita Kumari, as respondents. The court examined the bar provision in Section 403 of the Bihar Negotiable Settlement Scheme (BNSS) and found it precluded any alteration of the earlier order. Consequently, the High Court declined to modify the order and directed the district court to issue notices to both the petitioner and his wife and refer the matter to the district mediation centre. The modification petition was therefore disposed of without any change to the original order.
Issues considered
- What is the effect of the bar contained in Section 403 of the Bihar Negotiable Settlement Scheme on the petition for modification of the earlier order?
Legislation cited
- Bihar Negotiable Settlement Scheme — s. 403
Subjects
- criminal miscellaneous
- modification of order
- Section 403
- BNSS
- mediation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73997 of 2025
In
CRIMINAL MISCELLANEOUS No.57856 of 2023
Arising Out of PS. Case No.-328 Year-2019 Thana- MUNGER MUFFASIL District- Munger
======================================================
Santosh Kumar S/o Rajendra Yadav R/o Village- ITC Colony, Shankarpur,
PS- Muffasil, Distt- Munger
... ... Petitioner/s
Versus
1. The State of Bihar
2. Sarita Kumari W/o Santosh Kumar R/o vill - I.T.C. colony, Shankarpur, P.S.-
Muffasil, Distt.- Munger at present Sarita Kumari, D/o Late Birendra Yadav,
Mother of Chita Devi. R/o vill - I.T.C. colony, Shankarpur, P.S.- Muffasil,
Distt.- Munger
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 18-03-2026 Heard Mr. Raj Kumar Choudhary, learned counsel
appearing on behalf of the petitioner and Mr. Ajit Kumar,
learned APP for the State.
2. In view of the bar contained in Section 403 of
BNSS, I am not inclined to modify the order dated 11.10.2023
passed in Cr. Misc. No.57856 of 2023. However, the learned
District Court is directed to proceed to issue notice to the O.P.
No.2 (wife of the petitioner) and the petitioner, and thereafter
refer the matter before the learned Mediator of the District
Patna High Court CR. MISC. No.73997 of 2025(4) dt.18-03-2026
2/2
Mediation Center after fixing a date for appearance of the
petitioner and O.P. No.2.
3. The modification petition, accordingly, disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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