Vivek Kumar Verma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37168 of 2015 Arising Out of Complaint Case No. -1422 Year- 2014 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Vivek Kumar Verma son of Shri Jeewandeo Verma, .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Smt. Pinki Kumari wife of Shri Vivek Kumar Verma @ Pappu Daughter of Sheonath Sah, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-04-2016 Heard learned counsels for the petitioner and the State. However, none appears on behalf of opposite party no.2. The petitioner being the husband of the complainant is apprehending arrest in a complaint case wherein process has been directed to be issued after cognizance being taken for the offences punishable under Section 498A/34 of the Indian Penal Code. Basic accusation is of torture.

Learned counsel for the petitioner submits that the petitioner admits his marriage with the complainant. Though, the matter was referred to the Mediation Centre of Bihar State Legal Services Authority vide order dated 29.01.2016 but it appears from the report of the Mediator dated 28.03.2016, kept at 'flag-A' that request has been made for further

Patna High Court Cr.Misc. No.37168 of 2015 (6) dt.11-04-2016 2/2 extending the period for mediation as the issues are likely to be resolved.

A supplementary affidavit has been filed on behalf of the petitioner to the effect that both sides have resolved the issues and are residing together, paragraph 2 of the said supplementary affidavit reads as follows :- "That, the petitioner and the opposite party no.2 are living jointly leading happy conjugal life by pacifying the differences at the service place of the petitioner at Delhi and the petitioner is keeping his wife with full dignity and maintaining the child born from the wedlock at his service place." Considering the present stand of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Bettiah, West Champaran, in connection with Complaint Case No.1422-C of 2014, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T