Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23322 of 2026 In CRIMINAL MISCELLANEOUS No.63256 of 2025 Arising Out of PS. Case No.-2308 Year-2024 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== Sushil Kumar Son of Surendra Kumar village -Bhatha PS -Shyampur Dist -Sheohar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Juhi Kumari Wife of Sushil Kumar Resident of village- Bhatha, PsShyampur, Dist- sheohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 01-05-2026 Heard the learned counsel for the petitioner and the learned counsel for the State.

2. The present modification application has been filed by the petitioner seeking modification of paragraph no. 8 of the order dated 24.02.2026 and for extension of time for surrender and furnishing bail bonds.

3. Learned counsel for the petitioner submits that in compliance of the order dated 24.02.2026, the petitioner was required to deposit Rs. 7,000/- within ten days. It is submitted that despite repeated requests, the opposite party no. 2 and her counsel did not furnish the bank account details, due to which

Patna High Court CR. MISC. No.23322 of 2026(2) dt.01-05-2026 2/3 the petitioner could not deposit the said amount within the stipulated time either in the treasury or in the Court Nazarat. It is further submitted that after expiry of the said period, the petitioner was ready to furnish bail bonds, however the same were not accepted by the learned court below on the ground of non-compliance of the order.

4. It is further submitted that pursuant to the order dated 24.02.2026, the petitioner has already deposited a sum of Rs. 21,000/- towards maintenance.

5. Having considered the submissions advanced and the facts and circumstances of the case, this Court finds that substantial compliance of the order has been made by the petitioner and the delay in deposit appears to be on account of practical difficulty in obtaining necessary details for payment.

6. In view of the above, paragraph no. 8 of the order dated 24.02.2026 is hereby modified to the extent that the condition requiring deposit of Rs. 7,000/- within ten days is relaxed, and the learned court below is directed to accept the bail bonds furnished by the petitioner forthwith, subject to compliance of other conditions, if any. It is made clear that the petitioner shall continue to pay the maintenance regularly in terms of the order dated 24.02.2026 passed in Cr. Misc. No.

Patna High Court CR. MISC. No.23322 of 2026(2) dt.01-05-2026 3/3 63256 of 2025 without default.

7. The present application stands allowed in the aforesaid terms.

(Sandeep Kumar, J) Shishir/- U