Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court modified the earlier order, extending the surrender period by six weeks subject to a deposit of Rs. 25,000 each with the District Legal Services Authority.
Summary
Kiran Devi filed a petition seeking modification of the order dated 19-08-2023 which had set a deadline for her surrender in a criminal miscellaneous case. The petitioner argued for additional time to surrender and to comply with bail conditions. The court considered the petitioner's request and the need to ensure compliance with bail requirements. It granted an extension of six weeks from the date of the order for surrender and the furnishing of a bail bond. The court also conditioned the extension on the petitioner depositing Rs. 25,000 each with the District Legal Services Authority and producing the receipt. The deposited amount may be used by the civil court for furniture and beautification. Consequently, the modification petition was allowed.
Issues considered
- Whether the court may modify its earlier order granting a surrender period in a criminal miscellaneous case
- Whether imposing a monetary deposit as a condition for the extension is permissible
Subjects
- bail
- surrender
- modification of order
- criminal miscellaneous
- deposit
- legal services authority
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89733 of 2025
In
CRIMINAL MISCELLANEOUS No.52026 of 2023
Arising Out of PS. Case No.-1215 Year-2022 Thana- DANAPUR District- Patna
======================================================
Kiran Devi W/o Shri Mukesh Kumar R/o Village- Makhdumpur, Beur Pakri,
PS- Beur, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad , Advocate
For the Opposite Party/s : Mr. Rajiv Nayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State .
2. This petition has been filed for modification of
order dated 19.08.2023 passed in Cr. Misc. No. 52026 of 2023
by this Court to the extent of extension of period to surrender.
3 . In view of reasons assigned in the petition, further
six weeks’ time from today is granted to the petitioner to
surrender and furnish bail-bond before the concerned Court
where the case is pending, subject to deposit of Rs. 25,000/-
(Rupees Twenty Five Thousand) each to the concerned District
Legal Services Authority and to furnish its receipt with the bail-
bond. This amount may be utilized by the Civil court concerned
in purchase of furniture and beautification of the Court
Patna High Court CR. MISC. No.89733 of 2025(2) dt.09-01-2026
2/2
premises.
4. Accordingly, order dated 19.08.2023 passed in Cr.
Misc. No. 52026 of 2023 is modified to the above extent and
this modification petition is allowed.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…