[2025:JHHC:26214] IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No.3252 of 2024 ------ Basanti Devi, aged about 56 years, Wife of Late Bhola Pandit, R/o- Partapur, Baradbaliya, P.O. & P.S.-Jamua, Dist.-Giridih, Jharkhand .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Ashish Kumar Pandit @ Ashish Kumar, aged about 40 years, S/O-Ishawari Pandit, R/o-village-Baradbatiya P.O. & P.S. Jamua, Dist.-Giridih, Jharkhand .... .... .... Opposite Parties ------ CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Md. Nasim Akhtar, Advocate Mr. Yasir Arafat, Advocate For the State : Mrs. Nehala Sharmin, Spl. P.P. For the O.P. No.2 : None ------ Order No.03 Dated- 29-08-2025 Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of the BNSS, 2023 with a prayer to modify the order dated 30.06.2023 passed in A.B.A. No.2026 of 2023 by substituting the condition upon the O.P. No.2 to deposit the demand draft of Rs.20,000/- drawn in favour of Bhola Pandit, with the condition to instead deposit the said demand draft of Rs.20,000/- in favour of Basanti Devi-the petitioner, who is the wife of the Bhola Pandit; as in the meanwhile the said Bhola Pandit has died. Learned counsel for the petitioner submits that opposite party No.2 has surrendered before the trial court in terms of the said order dated 30.06.2023 passed in A.B.A. No.2023 of 2023 and has deposited the said demand draft. Hence, it is submitted that the order dated 30.06.2023 passed in A.B.A. No.2026 of 2023 be modified accordingly. 3. No one turns up on behalf of the O.P. No.2 in spite of repeated calls. 4. The learned Spl. P.P. has no objection to the same. 5. Considering the aforesaid facts, the trial court of Jamua P.S. Case No.107 of 2020 is directed to direct the O.P. No.2 herein- who is the accused person in the said case, to take back the demand draft deposited by him in the name of Bhola Pandit with the condition that the same is to be substituted by depositing another demand draft drawn in favour of Basanti Devi, instead of the earlier demand draft, within the time to be stipulated by the trial court and in case such demand draft is deposited in the name of Basanti Devi, the said demand draft be released to the petitioner herein and in case the O.P. No.2 fails to deposit the said demand draft in favour of Basanti Devi, within the time to be stipulated by the trial court, trial court is directed to cancel the bail granted to O.P. No.2 herein. 6. This Criminal Miscellaneous Petition stands allowed to the aforesaid extent. (Anil Kumar Choudhary, J.) Rohit/