Patna High Court
Manali KumariversusThe State of Bihar
- Decided
- Disposal
- CONSIGNED
- Bench
- PURNENDU SINGH
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
- BNSS — s. 482(2)
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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