Patna High Court
Vivek Kumar Mani @ Vivek Mani Jaiswal @ Vivek JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted subject to payment of maintenance, medical expenses, visitation conditions, and compliance with trial attendance, with bail bond and sureties as stipulated.
Summary
The petitioner, Vivek Kumar Mani, sought anticipatory bail fearing arrest in a criminal case involving offences under sections 341, 323, 406, 498A, 504, 506/34 of the IPC. The dispute stemmed from alleged marital harassment and a pending maintenance suit concerning their differently‑abled daughter. The court noted that mediation attempts had failed and that the parties had reached an impasse, but the petitioner agreed to pay Rs.10,000 as maintenance and bear the child's medical expenses. The informant, the petitioner’s wife, consented to monthly visitation by the petitioner provided she remained present with the child. Accordingly, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties, compliance with visitation and payment conditions, and strict adherence to trial attendance, ordering cancellation of bail for any breach.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC given the nature of the alleged offences.
- Whether the court may impose conditions relating to maintenance payment, medical expenses, and visitation rights as part of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 406, 498A, 504, 506
Subjects
- anticipatory bail
- Section 438 CrPC
- maintenance
- visitation rights
- marital dispute
- differently‑abled child
- IPC offences
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9078 of 2025
Arising Out of PS. Case No.-168 Year-2024 Thana- SAMASTIPUR COMPLAINT CASE
District- Samastipur
======================================================
Vivek Kumar Mani @ Vivek Mani Jaiswal @ Vivek Jaiswal S/o Anil Kumar
Jaiswal R/o Purani Bazar, Simri Bakhtiyarpur, ward no. 1, P.s.- Bakhtiyarpur,
Distt.- Saharsa, Bihar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Kumari W/o Vivek Kumar Mani @ Vivek Mani Jaiswal @ Vivek
Jaiswal R/o vill and Post- Purani Baazar, Simri Bakhtiyarpur, P.S -
Bakhtiyarpur, Distt.- Saharsa, Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Piyush Kumar Pandey, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
For the informant : Mr. Devendra Kumar Sinha, Sr. Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
9 03-04-2026 Heard Mr. Piyush Kumar Pandey, learned counsel
for the petitioner and Mr. Devendra Kumar Sinha, learned
Senior Counsel representing the informant.
2. The petitioner apprehends his arrest in connection
with C.R. No. 168 of 2024 (TR No. 2229 of 2024) for the
offence registered under sections 341, 323, 406, 498A, 504,
506/34 of the Indian Penal Code.
3. As per the prosecution story, the lady married the
petitioner in the year 2018 but was being harassed regularly.
This resulted into the present case.
4. The different order sheets of the present petition
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shows that earlier, the Co-ordinate Bench and later, this Court
tried its level best to bring the couple to terms and in between,
the matter was also sent to the Mediation Centre but without
success.
5. Though the Mediator’s Report dated 10.10.2025
recorded that the mediation has failed, this Court once again
called the couple to take their view as the future of the
differently abled daughter was foremost in the mind.
6. The couple is present today and this Court had
occasion to talk to them separately for quite some time in the
presence of their respective counsels also and is of the opinion
that they have moved to a point of no return.
7. However, to be fair to the petitioner, he has
undertaken to bear the medical expenses of the differently abled
daughter besides making payment of Rs. 10,000/- to the
petitioner as already recorded in the earlier order dated
19.03.2026. He submits that the medical expenses will be paid
to the concerned Doctor/Hospital.
8. It has been informed by the informant that the
Maintenance Case is presently pending before the learned
Principal Judge, Family Court, Samastipur. This Court records
that after any order passed in the said maintenance case, the
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payment of Rs. 10,000/- to the lady as ordered will merge with
the said order passed by the Family Court, Samastipur.
9. Learned counsel for the petitioner submits that if
granted relief, he shall not either intimidate or come anywhere
near to the lady and shall also be cooperating in the
investigation/ trial besides making payment to her and bearing
the medical expenses of the daughter. He however, submits that
till the Family Court decides the matter, he shall have the
visitation right to meet his daughter.
10. Learned counsel for the petitioner submits that a
proper petition shall be preferred before the Family Court,
Saharsa within four weeks for meeting his daughter at least once
a month. However, for the present, till the petition is filed and
an order is passed, he be granted visitation right at least once a
month.
11. The informant, Mrs. Jyoti Kumari who is present
in the Court agrees to it and submits that till the Family Court,
Saharsa passes an order, she do not have any problem to the
monthly visit of the petitioner but she reserves her right to
remain present along with the child. She however undertakes
that her parents and/or the brother or any other relative/ family
member shall not remain present when the couple along with the
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child will meet once a month.
12. Considering all these facts, this Court is inclined
to grant relief. However, if the petitioner fails to make the
payment as undertaken/ promised, the lady will have recourse to
take steps for cancellation of the bail bond.
13. Let the petitioner in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Samastipur in connection with C.R. No. 168 of 2024
(TR No. 2229 of 2024) subject to condition as laid down under
Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
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promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
14. Before parting, this Court would like to put on
record its word of appreciation both for Mr. Piyush Kumar
Pandey, learned counsel for the petitioner as also Mr. Devendra
Kumar Sinha, learned Senior Counsel representing the
informant as they too tried their level best to ensure that the
couple comes to an amicable settlement. However, the
uncompromising attitude/ego of couple ensured that all efforts
goes down the drain.
15. The anticipatory bail application is disposed of.
(Rajiv Roy, J)
Vijay Singh/-
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