Manoj Kumar Jaiswal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14415 of 2026 Arising Out of PS. Case No.-63 Year-2025 Thana- WEST CHAMPARAN COMPLAINT District- West Champaran ====================================================== Manoj Kumar Jaiswal S/o Late Haridayalal Prasad R/o vill - Narkatiyaganj, P.S.- Shikarpur, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap For the Opposite Party/s :
Mr. Satya Nand Shukla- A.P.P.
Ms. Divyani Kumari Mr. Rakesh Kumar Mr. Umesh Kumar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 28-07-2026
1. Heard learned counsel for the petitioner, the learned counsel appearing on behalf of the complainant and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 115(2) and 85 of the B.N.S.
3. The learned counsel for the petitioner submits that the dispute is matrimonial and petitioner, being husband, has been falsely implicated in the instant case by the complainant. It is next submitted that no doubt, it is a complaint case in which summons were issued, but then, summons were not received by the petitioner and all of a sudden, non-bailable warrant of arrest
Patna High Court CR. MISC. No.14415 of 2026(3) dt.28-07-2026 2/3 was issued. It is further submitted that the relationship in between the petitioner and the complainant has soured to an extent where it is not possible to revive the conjugal relationship in the present, but may be with passage of time, the petitioner and the complainant on intervention of well-wishers, may resolve the dispute amicably. It is also submitted that petitioner, being husband, is aware of his responsibility towards the complainant and his children and as such, is willing to pay a monthly maintenance of Rs.5,000/- which shall commence from 01.08.2026.
4. The learned counsel appearing on behalf of the complainant also based on instruction submits that no useful purpose would be served by sending the petitioner to jail if petitioner is willing to pay a monthly maintenance of Rs.5,000/-. It is also submitted that account number of the complainant shall be whatsapped on the whatsapp number of the learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the petitioner undertakes to communicate the same to the petitioner, so that the monthly maintenance as agreed commences from 01.08.2026.
5. After hearing the learned counsel for the parties and taking into consideration the fact that the dispute is
Patna High Court CR. MISC. No.14415 of 2026(3) dt.28-07-2026 3/3 matrimonial, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Trial Court where the case is pending/successor Court in connection with Complaint Case No.63 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. However, it is made clear that the opposite party no.2 shall be at liberty to file an application seeking cancellation of anticipatory bail of the petitioner, in the event, if the petitioner does not pay the monthly maintenance as agreed for two consecutive months.
(Satyavrat Verma, J) vikash/- U T