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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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


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