IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.30860 OF 2010 SUNAINA DEVI, WIFE OF GOPAL SHARMA, RESIDENT OF VILLAGE AMARPUR, POLICE STATION BANKA, DISTRICT BANKA VERSUS THE STATE OF BIHAR ********* 3 15/09/2010 This application has been filed to modify the order dated 13.02.2009 by which the petitioner and her husband Gopal Sharma were granted anticipatory bail by this Court. After being granted anticipatory bail, the petitioner moved this Court for modification of the bail order as it appears that the order has been sent to the wrong Court. The husband i.e. Gopal Sharma could not surrender before the Court below within the period of six weeks granted for the purpose of surrendering before the Court below and thus he was taken into custody and remained in jail for about one month and was released in September, 2010. After his release in the month of September, 2010, Sunaina Devi, his wife, has moved this Court to modify the order and to extend the period for surrendering before the Court below. The plea taken on her behalf is that her husband was not able to provide the bailors as he was in judicial custody till the 1st week of September, 2010. It appears that Gopal Sharma has not obeyed the orders of the Court although he has opportunity to do so and has taken one year to actually 2 surrender and be granted bail. Submission was also made on behalf of the petitioner that she had six children and if she is taken into custody, some of them who are minors may have to face hardship. Considering all facts, including the delay in approaching this Court, I direct that the above named petitioner should be released on anticipatory bail in Bhagalpur SC/ST Police Station Case No. 26 of 2008 on furnishing bail bond of Rs. 10,000/- with two sureties to the satisfaction of the Chief Judicial Magistrate, Banka subject to the payment of cost of Rs. 500/- to the Patna High Court Legal Aid Committee. The receipt showing deposit of Rs. 500/- should be handed over to the Court of Chief Judicial Magistrate, Banka at the time of surrender. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)