Patna High CourtCR. MISC./32820/2015disposed

Amit Kumar @ Pappu Kumar Gupta v. State Of Bihar And ANR

2016-01-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32820 of 2015 Arising Out of PS.Case No. -286 Year- 2013 Thana -GAYA COMPLAINT CASE District- GAYA ======================================================

1. Amit Kumar @ Pappu Kumar Gupta Son of Anandi Sao resident of Village - Adampur P.s Khijarsarai, District Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nikky Devi wife of Amti kumar D/o Rajendra Prasad Sao resident of Village Purani Bazar Saidpur , P.s Khijarsarai, District Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durgesh Nandan For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-01-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Sections 498A, 323, 504, 506/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by learned counsel for the petitioner that petitioner admits his marriage with the complainant and the accusation of torture is omnibus and general. It is further submitted that in the last month the complainant entered into the house of the petitioner and created havoc there. Hence, petitioner is not ready to reconcile the issue.

The matter was referred to the Mediation and

Patna High Court Cr.Misc. No.32820 of 2015 (6) dt.29-01-2016 2/2 Conciliation Centre of the Bihar State Legal Services Authority vide order dated 25.08.2015. The report of the Mediator at Flag-B reflects that the issue could not be reconciled through the process of mediation.

Learned counsel for the complainant submits that complainant is ready to resume the conjugal life. It is further submitted that petitioner has performed second marriage.

In the circumstance, the reconciliation does not appear to be feasible.

Let learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Complaint Case No. 286 of 2013, pending in the Court of learned Judicial Magistrate, 1st Class, Gaya.

With the observations above, the application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T