Dr. Manish Sharma @ Manish Sharma @ Manish v. The State Of Bihar
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.SBadahiya, Dist- Lakhisarai, A/P- Chakata Road Selaqui Ps- Selaqui DistDehradun 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 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 nonfulfillment 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
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, abovenamed 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
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