Patna High Court
Dr. Manish Sharma @ Manish Sharma @ ManishversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner subject to a bond and conditions, and ordered the informant to file a compromise petition within 30 days.
Summary
Dr. Manish Sharma was arrested in connection with a case registered under IPC sections 498A, 504, 506 and 34 for alleged mental and physical cruelty over a demand of Rs 20 lakhs. The parties later reached a settlement involving a permanent alimony of Rs 25 lakhs and a mutual divorce, with the petitioner having paid Rs 10 lakhs and agreeing to pay the remaining Rs 15 lakhs in two instalments. The petitioner sought bail, arguing that the matter could be resolved through a compromise petition. The court, noting the mediation report and the parties’ willingness to settle, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The court also directed the informant to file a compromise petition within 30 days and to file a mutual divorce petition in the Family Court, with the stipulated instalment payments to be made at the time of the divorce motions.
Issues considered
- Whether bail can be granted to the petitioner despite pending criminal charges and a pending compromise settlement
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are applicable in this case
- Whether the informant must file a compromise petition within a specified period
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 498A, 504, 506
Subjects
- bail
- compromise petition
- mutual divorce
- alimony
- domestic violence
- IPC 498A
- Section 438 CrPC
- Section 482 B.N.S.S.
- mediation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37617 of 2025
Arising Out of PS. Case No.-180 Year-2024 Thana- SHRIKRISHNAPURI District- Patna
======================================================
Dr. Manish Sharma @ Manish Sharma @ Manish S/o- Late Umesh Kumar
Sharma @ Umesh Sharma Resident Badahiya Near Maharani Asthan P.S-
Badahiya, Dist- Lakhisarai, A/P- Chakata Road Selaqui Ps- Selaqui Dist-
Dehradun Uttarakhand
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Madhukar Anand, Advocate
Mr.Shubham Kr. Singh, Advocate
For the State : Mr.Ganesh Prasad Singh, APP
For the Informant : Mr.Sanjay Kr.Singh, Advocate
Mr.Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
4 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State duly assisted by learned counsel for the
informant.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Sri Krishna Puri
P.S. Case No. 180 of 2024 registered for the offences
punishable under Sections 498A, 504, 506 & 34 of the Indian
Penal Code.
3. The allegation against the petitioner is to commit
mental and physical cruelty upon the informant for non-
fulfillment of demand of Rs. 20 Lakhs.
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4. Learned counsel appearing on behalf of the
petitioner submitted that matter has amicably settled between
the parties against one time permanent alimony of Rs. 25
Lakhs who also agreed to dissolve their marriage by mutual
divorce and further to file a compromise petition in the
present proceeding pending before the learned trial court.
5. In this connection, it is pointed out that the
petitioner paid Rs. 10 Lakhs to the informant/O.P. No. 2, but
no steps on behalf the informant/O.P. No. 2 was taken as to
file any compromise petition in the present pending
proceeding before the learned trial court.
6. It is also submitted that petitioner has undertaken
that he will pay remaining Rs. 15 Lakhs to the informant/O.P.
No.2 in two installments, each of Rs. 7.5 Lakhs, the first at
the time of first motion and second and last installment of Rs.
7.5 Lakhs at the time of second motion of mutual divorce
under section 13B of the Hindu Marriage Act.
7. Heard learned A.P.P. for the State.
8. Mr. Sanjay Kumar Singh, learned counsel, while
appearing for the informant/O.P. No. 2, submitted that
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petitioner agreed to pay Rs. 25 Lakhs, but till now only Rs. 10
Lakhs has been paid to the informant, but fairly conceded that
no compromise petition was preferred before the learned trial
court as to compromise this matter by complainant.
9. In view of aforesaid, as parties decided to dissolve
their marriage against permanent alimony of Rs. 25 Lakhs in
terms of mediation report arising out of Mediation Proceeding
No. 827 of 2025 dated 17.12.2025, accordingly, above-
named petitioner, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount each
to the satisfaction of learned S.D.J.M., Patna/concerned court
in connection with Sri Krishna Puri P.S. Case No. 180 of
2024, subject to the conditions as laid down under Section
438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
10. It is made clear, in view of submission of learned
counsel appearing for the informant/O.P. No. 2, that
informant/O.P. No.2 must file compromise petition before the
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learned trial court positively within 30 days from the date of
receipt/production of a copy of this order, and also to file
mutual signed petition for divorce before the learned Family
Court, Patna, where petitioner is directed to pay Rs. 7.5 Lakhs
at the time of first motion and further remaining balance of
Rs. 7.5 Lakhs at the time of second motion total Rs. 15 Lakhs
to the informant/O.P. No.2 in terms of mediation report.
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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