Patna High CourtCR. MISC./32674/2014disposed

Lavkush Singh v. State Of Bihar And ANR

2015-07-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32674 of 2014 Arising Out of PS.Case No. -47 Year- 2013 Thana -BHOJPUR COMPLAINT CASE DistrictBHOJPUR ====================================================== Lavkush Singh, Son of Sri Ramjee Singh, Resident of Village - Ekwari, P.S. Sahar, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Gyanti Devi, Wife of Lavkush Singh, daughter of Late Rajendra Rai, Resident of Village - Bartiya, P.S. Sandesh, District - Bhojpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. R.B.Roy Raman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07/ 13-07-2015 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.

The marriage between the petitioner and the complainant having no issue is admitted fact. The complainant is ready to resume the conjugal life but the petitioner is not ready to accept the offer as he is

Patna High Court Cr.Misc. No.32674 of 2014 (7) dt.13-07-2015 2/2 apprehensive due to the past conduct of the complainant. It is submitted by learned counsel for the complainant that the petitioner is not making payment of maintenance, though, the order for making payment of maintenance has been passed in Maintenance Case No. 07 of 2013. In the circumstances, the reconciliation is not feasible at present.

Let the learned court below consider the prayer for regular bail of the petitioner, if he surrenders before the learned court below within a period of six weeks from today in connection with Complaint Case No. 47 of 2013 pending in the court of learned Sub-divisional Judicial Magistrate, Bhojpur at Ara, if the petitioner pays entire maintenance amount as ordered in maintenance proceeding.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T