Ashok Mehta v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41438 of 2015 Arising Out of PS.Case No. -220 Year- 2014 Thana -COMPLAINT CASE District- SUPAUL ======================================================
1. Ashok Mehta, son of Late Mahanti Mehta, resident of villageMadhubani, P.S.- Balua Bazar, District Supaul. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ranju Devi, wife of Shri Ashok Mehta, resident of village- Madhubani, P.S.- Balua Bazar, District Supaul, at present D/o Sr. Narayan Mehta, R/o village- Brahampur, P.S.- Birpur, District- Supaul. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Amrit Abhijat, Advocate For the Opposite Party/s : Mr. Md.Arif (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and the State.
The petitioner being the husband of the complainant is apprehending his arrest in a complaint case in which processes have been directed to be issued after cognizance being taken for the offences punishable under Section 498A, 323, 379 of the Indian Penal Code. The basis accusation is of torture.
Petitioner and complainant are present.
It is submitted by the learned counsel for the petitioner that petitioner admits the marriage with the complainant and birth of two children. The petitioner is ready to keep the complainant as wife with full dignity and honour.
Patna High Court Cr.Misc. No.41438 of 2015 (6) dt.03-05-2016 Though, statement to that effect has not been made in the petition.
It is submitted by the learned counsel for the complainant that complainant is not ready to accept the offer of the petitioner since the petitioner has performed second marriage and due to torture inflicted by the petitioner earlier. In the circumstances, it does not appear that issue could be resolved at present.
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. 220 of 2014, pending in the court of learned Sub-Divisional Judicial Magistrate, Birpur, Supaul.
With the above observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T