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Patna High Court

Ritu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court modified the order dated 14‑11‑2025, extending the surrender period by three weeks subject to a Rs.1,500 deposit.

Summary

The petitioners, Ritu Kumar and Gunnu Patel, filed an application seeking modification of the order dated 14‑11‑2025 in Criminal Appeal (SJ) No. 913 of 2025, specifically to extend the period allowed for surrender in the Motihari SC/ST case. The High Court considered the petitioner's request and the grounds raised in paragraph 3 of the application. The Court extended the surrender period by three weeks from the date the order is received or a copy is produced, subject to the petitioner depositing Rs.1,500 in the account of the concerned District Legal Services Authority. The modification order was issued, and the application was disposed of. The decision reflects the Court's discretion to alter procedural timelines in criminal matters when justified.

Issues considered

  • Whether the period of surrender granted in the original order can be extended
  • Whether the condition of depositing Rs.1,500 in the District Legal Services Authority is appropriate

Subjects

  • Criminal Appeal
  • Modification of Order
  • Surrender Period
  • District Legal Services Authority
  • SC/ST District

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9315 of 2026
                                               In
                                 CRIMINAL APPEAL (SJ) No.913 of 2025
                     Arising Out of PS. Case No.-14 Year-2024 Thana- SC/ST District- East Champaran
                 ======================================================
           1.     Ritu Kumar S/O Mahesh Patel Resident of Village - Balua chauk, P.S. -
                  Motihari Town, District - East Champaran
           2.    Gunnu Patel @ Monu Patel @ Monu S/O Timal Patel Resident of Village -
                 Balua chauk, P.S. - Motihari Town, District - East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Manoj Ram S/O Late Kariman Ram Resident of Village - Balua chauk,
                 gopalpur ward no. 34, P.S. - Motihari Town, District - East Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Madhurendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   06-02-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The present application has been filed for

                   modification of order dated 14.11.2025 passed in Cr. Appeal

                   (SJ) No. 913 of 2025 to the extent of extending the period of

                   surrender.

                                3. On the grounds mentioned in para-3 of the

                   modification application, the period of surrender is extended by

                   three weeks from the date of receipt/production of a copy of this

                   order in connection with Motihari SC/ST P.S. Case No. 14 of
             Patna High Court CR. MISC. No.9315 of 2026(2) dt.06-02-2026
                                                         2/2




                       2024, subject to deposit of sum of Rs.1500/- (Rupees One

                       Thousand Five Hundred) in the account of concerned District

                       Legal Services Authority.

                                    4. The order dated 14.11.2025 is modified to the

                       extent as indicated above.

                                    5. Accordingly, this modification application stands

                       disposed of.


                                                 (Soni Shrivastava, J)

devendra/-

U      T


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