Manish Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28981 of 2025 Arising Out of PS. Case No.-487 Year-2023 Thana- VAISALI COMPLAINT CASE DistrictVaishali ====================================================== Manish Kumar Pandey S/o- Nand Kishore Pandey @ Bindu Pandey VillAkilabad, P.S-Hajipur Dist- Hajipur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shivani Kumari W/o- Manish Kumar Pandey Village- Akilabad PoChandralay Ps- Hajipur Sadar Dist- Vaishali, A/P- D/o- Amresh Kumar, R/oBhabahi Po- Bhabahi Ps- Jandaha Dist- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Jyoti Kumari, Adv For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh, APP Mr. Ravish Mishra, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-08-2025 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for OP No. 2. 2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 498A of the Indian Penal Code.

3.

The petitioner and the OP No. 2, in compliance of the order dated 19-8-2025, are present in the Court. 4.

Learned counsel for the petitioner submits that petitioner, being husband, has been falsely implicated in the instant case. It is next submitted no doubt the petitioner is willing to restitute his conjugal rights but then the OP No. 2 is presently not ready, on which the learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.28981 of 2025(6) dt.21-08-2025 2/3 OP No. 2 submits that OP No. 2 is carrying several apprehensions, as such presently she is not in a state of mind to take a decision whether to continue with the conjugal relation or not, but then submits that well-wishers have intervened in the matter and the chances are bright that the dispute will be resolved. 5.

At this stage, the petitioner, who is present in the court, submits that being husband he is aware of his responsibility towards the OP No. 2, it is also submitted that though he is willing to restitute his conjugal rights, but since OP No. 2 is having apprehension as such he is willing to pay a monthly maintenance of Rs. 2,500/- (Two thousand five hundred) per month, which shall commence from 1-9-2025, it is also submitted that may be with passage of time and with the best wishes of the well-wishers, the parties may resolve their dispute.

6.

The OP No. 2, who is present in the Court, also submits that may be with passage of time, the dispute will be resolved.

7.

The learned counsel for the OP No. 2 submits that he will WhatsApp the bank account number of the OP No. 2 on the WhatsApp number of the learned counsel for the petitioner and the learned counsel for the petitioner undertakes to communicate the same to the petitioner so that the monthly maintenance commences from 1-9-2025.

Patna High Court CR. MISC. No.28981 of 2025(6) dt.21-08-2025 3/3 8.

Considering the submission made by the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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. 487 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. 9.

However, it is made clear that OP No. 2 shall be at liberty to file an application before this court seeking cancellation of the anticipatory bail granted to the petitioner, in the event if the petitioner does not deposit the monthly maintenance as agreed for two consecutive months.

10.

It is further made clear that the present maintenance shall stop, in the event, if a court of competent jurisdiction decides the maintenance in between the parties.

(Satyavrat Verma, J) Sumit/- U T