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Patna High CourtCR. MISC./87390/2025disposed

Laxman Sahni @ Laxman Kumar Sahani v. The State Of Bihar

2026-03-18Mr. Justice Rajiv Roy3 pages

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 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