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Patna High Court

Manali KumariversusThe State of Bihar

Decided
Disposal
CONSIGNED

Holding

The court held that the bail could not be cancelled and directed the parties to settle, allowing the petitioner to be released on bail subject to the conditions of Section 482(2) of the BNSS.

Summary

The petitioner, wife of the accused (O.P. No.2), applied to cancel the bail granted to her husband on the ground that she was financially incapacitated to care for their child and alleged the husband was not providing adequate support. The court noted that the husband had made a partial payment of Rs.10,000 into an account in the wife's name and that the petitioner expressed a desire to avoid further litigation. The court directed the parties to file a joint affidavit within four weeks, confirming a mutual settlement and their intention not to pursue prosecution. Upon verification of the affidavit, the court ordered that the petitioner be released on bail, subject to a bail bond of Rs.10,000 with two sureties, under the conditions of Section 482(2) of the BNSS. The application for cancellation of bail was therefore not entertained and was consigned for further proceedings.

Issues considered

  • Whether the bail granted to the accused can be cancelled on the ground of the petitioner’s financial incapacity to care for the child
  • Whether the parties may settle the matter and obtain bail under Section 482(2) of the BNSS

Legislation cited

Subjects

  • bail cancellation
  • Section 482
  • mutual settlement
  • child welfare
  • criminal miscellaneous

Judgment

                      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
           1.    The State of Bihar
           2.    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.

                                2. 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.

                                 3. 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.

                                   4. Considering the aforesaid information, the parties

                      may file their joint affidavit before the learned District Court

                      within a period of four weeks.

                                   5. 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.

                                   6. Accordingly, the present application is consigned.


                                                (Purnendu Singh, J)

Niraj/-
U       T


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