Manoj Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33841 of 2014 Arising Out of PS.Case No. -1146 Year- 2013 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Manoj Pandey S/o Ram Narayan Pandey Resident of Village Nagopur, P.S. Ara Muffasil, District Bhojpur, Ara.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Rekha Devi W/o Manoj Pandey D/o Sidhnath Pandey, Resident of village - Nagopur P.O. Pirauta, P.S. Ara Muffasil, District - Bhojpur at present resident of village - Padura, P.S. Sandesh, P.O. Padura Rampur, District - Bhojpur at Ara.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. R.N.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 18-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the complainant is apprehending his arrest in a complaint case wherein processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture.

In pursuance to the notices being issued to complainant-opposite party no. 2 she has entered appearance through her lawyer.

Patna High Court Cr.Misc. No.33841 of 2014 (03) dt.18-03-2015 2/2 The marriage between the petitioner and the complainant is admitted.

It is submitted by learned counsel for the petitioner that the petitioner is not ready to reconcile due to complainant's illness and has filed Matrimonial Suit No. 225 of 2013 for divorce though subsequent to the filing of the present complaint. However, it is submitted by learned counsel for the complainant that the complainant is ready to resume the conjugal life.

In the circumstances, conciliation does not appear to be feasible.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 1146(C) of 2013 pending in the court of learned Sub-divisional Judicial Magistrate, Bhojpur at Ara.

With the aforesaid observation, this application is disposed of.

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