Manish Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5644 of 2023 Arising Out of PS. Case No.-56 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== 1.
MANISH KUMAR SINGH, S/o Sri Chandra Prakash @ Chandra Prakash Singh R/o- House No. 125, Gali No. 4A, Swami Sahjanand Colony, Muzaffarpur, P.S.- Sadar, Muzaffarpur, District- Muzaffarpur 2.
CHANDRA PRAKASH @ CHANDRA PRAKASH SINGH, S/o Late Kumar Chandeshwar Prasad Singh R/o- House No. 125, Gali No. 4A, Swami Sahjanand Colony, Muzaffarpur, P.S.- Sadar, Muzaffarpur, DistrictMuzaffarpur 3.
ARUNA SINGH, W/o Sri Chandra Prakash @ Sri Chandra Prakash Singh R/o- House No. 125, Gali No. 4A, Swami Sahjanand Colony, Muzaffarpur, P.S.- Sadar, Muzaffarpur, District- Muzaffarpur 4.
CHANDNI KUMARI @ CHANDNI SINGH, D/o Sri Chandra Prakash @ Sri Chandra Prakash Singh R/o- House No. 125, Gali No. 4A, Swami Sahjanand Colony, Muzaffarpur, P.S.- Sadar, Muzaffarpur, DistrictMuzaffarpur 5.
RANDHIR KUMAR SINGH, S/o Sudarshan Singh R/o- Chiriya Bazar, Sonepur, Ward No. - 17, Sonepur, Saran, P.S.- Sonepur, District- Saran 6.
KHUSHBOO SINGH @ KHUSHBOO KUMARI, W/o Shri Randhir Kumar Singh R/o- Chiriya Bazar, Sonepur, Ward No. - 17, Sonepur, Saran, P.S.- Sonepur, District- Saran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
APARNA SINGH, W/o Manish Kumar Singh, D/o Sri Ram Naresh Singh R/o - Staff Quarter, Women Polytechnic College, Bela, P.S.- Bela, DistrictMuzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Jha, Advocate For the Opposite Party/s :
Mr. Abhinav Kumar Singh, Advocate Mr. Ankur Apurv Singh, Advocate For the State Ms. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2025 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the informant as well as learned APP for the State.
2. The petitioner no. 1 and the O.P. No. 2 in
2/5 compliance of the order dated 09.05.2025 are present in the Court. The dispute is matrimonial. The petitioner no.1 who is the husband is present in the court submits that he has forgotten everything that happened with him. He submits that on intervention of well- wishers, the issue had been resolved amicably and petitioner is ready and willing to restitute his conjugal rights. It is further submitted that father of the O.P. No. 2 presently is unwell and is to undergo an operation at AIIMS, Delhi. It is also submitted that O.P. No. 2, presently, is staying at Delhi along with her elder sister taking care of her ailing father.
The petitioner next submits that within 25 months of the marriage, the instant FIR came to be instituted based on which, the Bihar police came to Vadodara (Gujarat), where he was posted and working with Bank of Baroda. The Bihar police arrested him but then he was granted, transit bail and later this Court granted him anticipatory bail. It is next submitted that the humiliation which he suffered on account of institution of the instant FIR is forgotten. It is further submitted that O.P. No. 2, who originally hails from Madhubani, had come to Muzaffarpur in the month of May 2025 and both of them had gone out and watched a movie and felt happy. It is submitted that even O.P. No.
3/5 submitted that the petitioner consulted an astrologers who told the petitioner no. 1 to reunite and start life afresh with O.P. No. 2 from 27.07.2025. It is submitted that since the issue has been resolved amicably and an auspicious date has been fixed, as such he intends to start his life with O.P. No.2 afresh on an auspicious date.
3. The O.P. No. 2, who is present in the court also does not dispute the submissions made by the petitioner no. 1, it is submitted that presently she is in Delhi, taking care of her ailing father, but then is willing to come back and join the petitioner on 27.07.2025 which according to the petitioner is an auspicious date for reviving the conjugal relationship. The petitioner, at this stage, submits that O.P. No. 2 has come along with her mother i.e. his mother-in-law and they intend to go back to Delhi tomorrow, it is submitted that he will arrange air tickets for them and will also get air ticket for the O.P. No. 2 to come back from Delhi to Patna on 27.07.2025 also. It is next submitted that petitioner presently is posted at Sheohar and staying at Muzaffarpur with his parents and goes to his office i.e. the bank at Sheohar from Muzaffarpur. Hence, on 27.07.2025 he will come from Muzaffarpur to Patna Airport to pick up the O.P. No. 2, so that they start their life afresh.
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4. The learned counsel for the petitioners and the learned counsel appearing on behalf of O.P.No. 2, at this stage, submits that efforts were made from their side also to ensure that the dispute is resolved amicably and the same stands resolved even and they are confident that petitioner no. 1 and the O.P. No. 2 from now onwards will lead happy conjugal life.
5. The O.P.No. 2 who is present in the Court has no objection in the event if the order of the cognizance dated 22.10.2022 passed by the learned Chief Judicial Magistrate, Muzaffarpur whereby cognizance under Section 341, 323, 491A, 420, 504 and 34 of the IPC read with Section 3 and 4 is quashed.
6. Since, the issue has been resolved and the petitioner no. 1 and the O.P. No. 2 have agreed to restitute their conjugal rights and O.P. No. 2 has no any objection if the order taking cognizance is quashed, in that event, the order dated 22.10.2022 passed by the learned Chief Judicial Magistrate, Muzaffarpur in CRI/CIS Case No. 436 of 2020 arising out of Sadar Police Station Case No. 56 of 2020 dated 28.01.2020 (G.R. No. 436 of 2020) is hereby quashed.
(Satyavrat Verma, J) khushbu/-
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