Manali Kumari Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Manali Kumari Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Application consigned; parties permitted to file a joint affidavit before the learned District Court within four weeks; upon verification of the affidavit and satisfaction of mutual settlement, direction for release on bail upon arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to Section 482(2) BNSS, in connection with Siwan Mahila P.S. Case No. 04 of 2022.

Issue for consideration

Whether the bail granted to Opposite Party No. 2 (husband of the petitioner) should be cancelled on the ground that he is not adequately caring for the minor girl child despite payment of Rs. 10,000 into the account opened in her name.

Court's answer

In view of the petitioner's information that O.P. No. 2 has already performed his part and that she does not want to proceed further, the parties were permitted to file a joint affidavit before the learned District Court within a period of four weeks.

Ratio / Principle

If, after verifying the joint affidavit, the learned District Court is satisfied that the parties have arrived at a mutual settlement and put quietus to the litigation, release on bail was directed (the person to be released is referred to in the order as 'the petitioner', contextually Opposite Party No. 2) upon arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to the condition under Section 482(2) of the BNSS, in connection with Siwan Mahila P.S. Case No. 04 of 2022.

Key takeaways

The present application (for cancellation of bail) was consigned, the parties having arrived at a settlement.ratio¶20

Detailed headnote1 paragraphs

Bail cancellation — Criminal Miscellaneous (Patna High Court) — Petitioner (wife) sought cancellation of bail granted to Opposite Party No. 2 (husband) alleging he was not caring for their girl child despite payment of Rs. 10,000 into the account opened in her name — During hearing, counsel for the petitioner informed the Court that O.P. No. 2 had already performed his part and the petitioner did not want to proceed further — Parties permitted to file a joint affidavit before the learned District Court within four weeks — On verification of the affidavit and satisfaction that the parties had arrived at a mutual settlement and put quietus to the litigation, release on bail directed upon arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, subject to Section 482(2) of the BNSS, in connection with Siwan Mahila P.S. Case No. 04 of 2022 — Application consigned (Purnendu Singh, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23937 of 2024

Arising Out of PS. Case No.-4 Year-2022 Thana- MAHILA P.S. District- Siwan

======================================================

Manali Kumari D/o- Sanjay Kumar Mishra Village - Bhalue, P.S Badhariya, District - Siwan and presently resides at Sawreji Narainian, Gopalganj, Mirganj, Bihar

... ... Petitioner/s

Versus

The State of Bihar

Arvind Nath Tiwari son of Vidhyasagar Nath Tiwari Village- Koharwaliya Po- Belodi Ps- Guthani Dist- Siwan

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Puneet Siddhartha, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

8 10-04-2026 Heard Mr. Puneet Siddhartha, learned counsel

appearing on behalf of the petitioner and Mr. Md. Iftekhar Mahmood, learned A.P.P. for the State.

The present application has been filed for cancellation of the bail granted to the Opposite Party No.2 on the ground that the petitioner (wife of O.P. No.2) is not in a position to take care of the child as she is incapacitate financially to take care of the girl child. It is the case of the petitioner (wife) that the O.P. No.2 (husband) is deliberately not taking care of his only child by making payment of Rs.10,000/in the account opened in her name.

At the outset, learned counsel appearing on behalf

Patna High Court CR. MISC. No.23937 of 2024(8) dt.10-04-2026 2/2

of the petitioner informs that O.P. No. 2 has already performed his part performance and to buy peace of mind, the petitioner don't want to proceed further.

Considering the aforesaid information, the parties may file their joint affidavit before the learned District Court within a period of four weeks.

The learned District Court after verifying the affidavit, is satisfied that the parties have arrived at mutual settlement and have put quietus to the litigation that they don't want to proceed with the prosecution then the petitioner is forthwith directed to be released on bail in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Siwan Mahila P.S. Case No. 04 of 2022, subject to the condition as laid down under Section 482(2) of the BNSS.

Accordingly, the present application is consigned.

(Purnendu Singh, J)

Niraj/- U T