Patna High Court
Ramita Devi @ Samita DeviversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ANSHUMAN
Holding
The Court held that the surrender deadline may be extended by four weeks, allowing the modification application.
Summary
Ramita Devi was granted anticipatory bail on 12-08-2025 with a direction to surrender within six weeks. The six‑week period elapsed because of a miscommunication by the case's Pairwikar, preventing her surrender. The petitioner filed a modification application seeking an extension of time. The State acknowledged the petitioner’s age and the miscommunication. The Court, considering these facts, modified the original order by extending the surrender deadline by four weeks from the date of the order, subject to the same bail bond conditions. The application for modification was allowed.
Issues considered
- Whether the deadline for surrender under an anticipatory bail order can be extended due to miscommunication by the Pairwikar.
Subjects
- anticipatory bail
- modification of order
- extension of time
- miscommunication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.828 of 2026
In
CRIMINAL MISCELLANEOUS No.52225 of 2025
Arising Out of PS. Case No.-88 Year-2025 Thana- HUSSAINGANJ District- Siwan
======================================================
Ramita Devi @ Samita Devi W/O Ashok Chauhan Resident Of Village-
Singarpatti Mathiya, P.s.- Hussainganj, Dist.- Siwan
... ... Petitioner/s
Versus
The State Of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present application has been filed for
modification in order dated 12.08.2025 passed in Cr. Misc.
No.52225 of 2025.
3. Counsel submits that by virtue of the said order, the
petitioner No.4, namely, Ramita Devi was granted anticipatory
bail with direction to surrender before the Court within six
weeks. He further submits that six weeks has already been
lapsed, but petitioner could not surrender herself only due to
miscommunication of Pairwikar of this case. As such, he seeks
modification/correction in the said order and submits that time
may be extended.
Patna High Court CR. MISC. No.828 of 2026(3) dt.18-02-2026
2/2
4. Counsel for the State submits that the petitioner is a
lady aged about 50 years and it is due to miscommunication of
Pairwikar, the petitioner could not surrender herself before the
Court.
5. In the light of the submissions made, let the said
correction be made in the order dated 12.08.2025 passed in Cr.
Misc. No.52225 of 2025 and further four weeks’ time is hereby
extended from today to surrender herself before the Court with
the same condition of bail bond.
6. Accordingly, the modification application is hereby
allowed upto the extent.
(Dr. Anshuman, J)
Prakashmani/-
U T
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