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Patna High Court

Laxman Sahni @ Laxman Kumar SahaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The modification petition is allowed, subject to payment of Rs.1,00,000 plus Rs.10,000 as the first instalment and two further instalments of Rs.1,00,000 each by specified dates.

Summary

The petitioner, Laxman Sahni, was earlier granted relief on 24‑03‑2025 subject to payment of Rs.3,00,000 to the opposite party, Buchiya Devi. He filed a modification petition claiming he could not obtain the bank account details to make the payment. The court noted that it had already directed the Block Development Officer to open a savings account, which was opened on 02‑04‑2025, and that the petitioner deliberately failed to pay. Considering a fresh undertaking by the petitioner to pay the amount in three instalments, the court allowed the modification with specific payment deadlines and a condition that failure would permit cancellation of the bail bonds. The surrender period was also extended by four weeks.

Issues considered

  • Whether the petitioner’s failure to pay the ordered compensation can be remedied by modifying the original order
  • Whether the court can impose instalment payment conditions and link them to the continuation of bail bonds

Subjects

  • modification of order
  • criminal miscellaneous
  • bail bond
  • payment of compensation
  • instalment payment
  • court direction
  • failure to comply

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87390 of 2025
                                              In
                              CRIMINAL MISCELLANEOUS No.28846 of 2024
                      Arising Out of PS. Case No.-205 Year-2023 Thana- BAHERA District- Darbhanga
                 ======================================================
                 Laxman Sahni @ Laxman Kumar Sahani S/o Jhun Jhun Sahani R/o Ashapur,
                 PS- Bahera, Dist- Darbhanga

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar Bihar
           2.    Buchiya Devi W/o Laxman Sahni @ Laxman Kumar Sahani R/o Ashapur,
                 P.S.- Bahera, Distt.- Darbhanga, Presently Residing at Jagdishpur, D/o
                 Chandra Shekar Sahani, R/o vill - Jagdishpur, P.s.- Manigachi, Distt.-
                 Darbhanga

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar, APP
                 For O.P. No.02           :       Mr. Jitndera Kumar Bharti, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   18-03-2026                    Heard Mr. Pankaj Kumar Jha, learned counsel for the

                   petitioner and Mr. Jitendra Kumar Bharti for the opposite party

                   no.02 beside the State.

                                2. The present petition has been preferred for

                   modification of the order dated 24.03.2025 passed in Cr. Misc.

                   No. 28846 of 2024 passed by this Court.

                                3. The petitioner was granted relief on 24.03.2025 in

                   Cr. Misc. No. 28846 of 2024 (Laxman Sahni @ Laxman Kumar

                   Sahani vs. the State of Bihar).

                                4. This was subject to the payment of Rs.3,00,000/-
Patna High Court CR. MISC. No.87390 of 2025(4) dt.18-03-2026
                                            2/3




          as undertaken by the petitioner who as per the records went for

          the second marriage and as such the opposite party no.2 was not

          ready to compromise with her dignity and honour.

                       5. In this modification petition, a plea has been taken

          that since he could not get the bank account number, he failed to

          make payment.

                       6. Learned counsel representing the opposite party

          no.02 disputes the same and submits that in the order itself, the

          Court directed the Block Development Officer, Manigachhi to

          ensure that the bank account is opened and pursuant thereto, the

          bank account was opened in the State of Bank of India, Nehra

          branch, Darbhanga on 02.04.2025 itself with the following

          account number bearing Saving Account No.               43963600877

          (IFSC No: SBIN0064833).

                       7. From the aforesaid fact it is clear that the petitioner

          deliberately chose to look the other way and certainly was in no

          more to make the payment.

                       8. In that background, this Court wanted to reject the

          modification prayer made by the petitioner but considering the

          fresh undertaking that has been given that he shall be paying the

          amount in next three instalments at the rate of Rs.1,00,000/-

          and further Rs.10,000/- as there has been one year delay in
         Patna High Court CR. MISC. No.87390 of 2025(4) dt.18-03-2026
                                                     3/3




                   making the payment, in the interest of the opposite party no.02,

                   the same is allowed subject to following condition:

                                               (i) the petitioner shall be providing the

                                               Bank        Draft    of   Rs.1,00,000/-   (first

                                               instalment+Rs.10,000/-) to the lady at the

                                               time of execution of bail bonds;

                                               (ii) Rs.1,00,000/- by way of Bank Draft by

                                               25.04.2026 and Rs.1,00,000/- by way of

                                               Bank Draft by 25.05.2026.

                                9. Failure to do so, the opposite party no.02 shall be

                   free to take immediate steps for the cancellation of bail bonds.

                                10. The period of surrender is further extended by

                   four weeks from today.

                                11. With the aforesaid observation, the modification

                   petition stands allowed.



                                                  (Rajiv Roy, J)
Ravi/-

U


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