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Patna High CourtCR. MISC./80952/2025allowed

Amresh Kumar Singh v. The State Of Bihar

2026-01-09Mr. Justice Prabhat Kumar Singh4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80952 of 2025 In CRIMINAL MISCELLANEOUS No.69658 of 2024 Arising Out of PS. Case No.-7037 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Amresh Kumar Singh S/O Raj Kishore Singh R/O Village- Kapoorchak, P.SNaya Gaon, Distt.- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Rinky Devi D/O Ram Dayal Ray, W/O Umesh Ray R/O VillageRaibagh, P.S- Didarganj, Kachhi Dargah, Distt.- Patna at present residing at Bairiya, P.S- Gopalpur, Distt.- Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Uday Chand Prasad, Advocate For the State :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present modification application has been filed for modification of the order dated 20.09.2024 passed by a Coordinate Bench of this Court in Cr. Misc. No. 69658 of 2024 and analogous case.

3. Earlier, this petitioner was granted provisional bail by a Co-ordinate Bench of this Court vide order dated 07.08.2023 passed in Cr. Misc. No. 30875 of 2023 on assurance that he is ready to return Rs. 25,00,000/- (Rupees Twenty Five Lacs) and Rs. 30,00,000/- (Rupees Thirty Lacs) to the

2/4 complainant, namely Rinky Devi and Soni Arya, respectively, within one year but he gave only Rs. 3,00,000/- to the complainant. Thereafter, the petitioner approached this Court for modification of the order dated 07.08.2023 passed in Cr. Misc. No. 30875 of 2023 vide Cr. Misc. No. 69658 of 2024 on the ground that due to illness of his wife, all the business and work of the petitioner has been badly hampered and he was also suffering from mental agony and as such, he could not make payment of the rest amount in due time and thus, prayed for further time to make payment of rest amount to the complainant, namely Rinky Devi and Soni Arya, within six months. The Coordinate Bench of this Court, vide order dated 20.09.2024 passed in Cr. Misc. No. 69658 of 2024 and analogous case, allowed the aforesaid prayer, extended the provisional bail granted to petitioner by six months and further directed to make the payment of the defalcated amount within a period of six months.

4. Learned counsel for the petitioner submits that even now, due to illness of his wife, all the business and work of the petitioner has been badly hampered and as such, he could not make payment of the rest amount. He further submits that he will make payment of rest amount to the complainant, namely,

3/4 Rinky Devi and Soni Arya within one year.

5. Considering the facts and circumstances of the case and the undertaking given by the petitioner, the provisional bail granted earlier vide order dated 07.08.2023 passed in Cr. Misc. No. 30875 of 2023 and extended vide order dated 20.09.2024 passed in Cr. Misc. No. 69658 of 2024 and analogous case is further extended for a period of one year from today, subject to deposit of Rs. 10,000/- (Rupees Ten Thousand) to the concerned District Legal Services Authority and to furnish its receipt within a period of two weeks from today before the learned trial court where the case is pending.

6. The petitioner is directed to make payment of Rs. 22,00,000/- to the complainant, namely Rinky Devi and Rs. 30,00,000/- to Soni Arya within a period of one year in 11 equal monthly installments amounting to Rs. 5,00,000/- (Rupees five lakhs) each, starting from the next month i.e. February, 2026. Regarding the payment of Rs. 30,00,000/- to Soni Arya, the same will be deposited in the Nazarat of the learned trial court.

7. Learned court below is directed to confirm the provisional bail of the petitioner after verifying the fact that the petitioner has returned all amount to the complainant, namely Rinky Devi and Soni Arya, within one year from today.

4/4

8. With the aforesaid observation and direction, order dated 20.09.2024 passed in Cr. Misc. No. 69658 of 2024 is modified to the above extent and this modification petition is allowed.

(Prabhat Kumar Singh, J) shashank/- U T