Created by Fuzzy Cloud

Patna High Court

Dr. Manish Sharma @ Manish Sharma @ ManishversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.37617 of 2025(4) dt.22-01-2026
                                            2/4




                   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
Patna High Court CR. MISC. No.37617 of 2025(4) dt.22-01-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.37617 of 2025(4) dt.22-01-2026
                                                       4/4




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.