( 2026:JHHC:19561 ) IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1138 of 2026 ------ Naresh Yadav, aged about 54 years, son of Baldeo Yadav @ Baldev Mahato, reisent of village –Lilavaran, Police Station and Post Office –Mohanpur, District –Deoghar. .... .... …. Petitioner Versus 1. The State of Jharkhand 2. Pramila Devi, aged about 40 years, W/o Naresh Yadav, R/o village –Lilavaran, P.O. & P.S. –Mohanpur, District – Deoghar, Jharkhand. .... .... .... Opp. Parties ------ CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ------ For the Petitioner : Mr. Lalit Yadav, Advocate For the State : Mr. Vishwanath Roy, Spl. P.P. For the O.P. No.2 : Mr. Sudhansu Kumar Deo, Advocate ------ Order No.07 Dated- 03.07.2026 Heard the parties. This criminal miscellaneous petition has been filed under section 528 of the B.N.S.S., 2023 by the petitioner with the prayer for modification of the order dated 14.10.2019, passed in A.B.A. No.4790 of 2019. It is submitted by the learned counsel for the petitioner that the petitioner was directed to surrender before the court below within four months but due to paucity of money, he could not deposit the demand draft of Rs.50,000/- drawn in favour of the victim, hence he could not surrender within the stipulated time. It is next submitted that the petitioner has collected money and has prepared the demand draft of Rs.50,000/-, a copy of which is annexed as Annexure-2 of the of the brief. Hence, it is submitted that time to surrender before the court below in terms of the order dated 14.10.2019, passed in A.B.A. No.4790 of 2019 be extended for six weeks from the date of this order. Learned counsel for the opposite party no.2 submits that the petitioner is deliberately delaying the matter and harassing the opposite party no.2 by lingering the same. Hence, the opposite party no.2 be adequately compensated with costs. Considering the aforesaid submission of the learned counsel for the petitioner, the prayer for extension of time for the petitioner to surrender in the court below in terms of the order dated 14.10.2019, passed in A.B.A. No.4790 of 2019 is allowed subject to payment of costs of Rs.5,000/- by the petitioner to the opposite party no.2 through the learned counsel appearing in the record within four weeks, failing which, this conditional order shall not be given effect to and this criminal miscellaneous petition shall stand dismissed without further reference to the Bench . In case, the petitioner files the proof of payment of costs of Rs.5,000/- by the petitioner to the opposite party no.2 through the learned counsel appearing in the record within four weeks, the petitioner is directed to surrender before the court below “within six weeks from the date of this order in terms of the order dated 14.10.2019, passed in A.B.A. No.4790 of 2019”. The order dated 14.10.2019, passed in A.B.A. No.4790 of 2019 is modified to the aforesaid extent only. This criminal miscellaneous petition is disposed of accordingly. (Anil Kumar Choudhary, J.) 03.07.2026 Sonu-