Patna High CourtCR. MISC./57006/2017disposed

Rachna Kumari @ Rachna Tripathi v. State Of Bihar And ANR

2017-11-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57006 of 2017 Arising Out of PS. Case No.- Year- Thana- District- Patna ====================================================== Rachna Kumari @ Rachna Tripathi, Wife of Rajeev Tripathi, D/o Late Ram Dubey, Resident of Mohalla- Bhikhna Pahari, Pakki Bari, P.S.- Pirbahore, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Rajeev Tripathi, S/o Sri Prem Narayan Tripathi, Resident of MohallaCharkhambha Gali, P.S.- Town Thana, Ara, District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Singh Mr. Vinod Kumar For the Opposite Party/s :

Mr. SRI AJAY KUMAR JHA ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-11-2017 Heard learned counsels for the parties.

The present application has been filed for modification of the order dated 28.3.2017 passed in Cr. Misc. No. 13154 of 2016 to the extent that now the petitioner complainant wants to reconcile the issue in terms of the offer made by O.P. No. 2 of making a payment of one time settlement amount. Since this Court vide order dated 18.3.2016 passed in Cr. Misc. No. 13154 of 2016 granted provisional anticipatory bail to O.P. No. 2 for four months, but both the parties failed to reconcile the issue either in terms of resuming the conjugal life or payment of permanent alimony, hence through the present modification application, this court is not inclined to rake up the

Patna High Court Cr.Misc. No.57006 of 2017(2) dt.29-11-2017 2/2 issue. However, in view of the ratio laid down in the case of K. Srinivas Rao Vs. D.A. Deepa (2013) 5 Supreme Court Cases 226 that mediation, in the cases under section 498A IPC, can be done at any stage of the case, it is expected from the learned trial court to make sincere effort to get the issue between the parties reconciled, if any application in this regard is filed by the parties.

This application is accordingly disposed of.

(Dinesh Kumar Singh, J) anil/- U