Shiv Kumar Paswan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37089 of 2015 Arising Out of PS.Case No. -10 Year- 2015 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Shiv Kumar Paswan, S/o Virendra Paswan, resident of village- Budhara, P.S.- Athmalgola, District- Patna .... .... Petitioner/s

Versus

1. State of Bihar

2. Sita Devi, W/o Shiv Kumar Paswan, D/o Kaleshwar Paswan, at present resident of village- Shri Rampur, P.S.- Raghopur, District- Vaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 31-03-2016 Heard learned counsel for the petitioner and the State.

The petitioner being the husband of the informant is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 323, 379, 494/34 of the Indian Penal Code.

The basic accusation is of torture and performance of second marriage.

On the joint prayer of the parties the matter was referred to the Mediation Centre of Bihar State Legal Services Authority vide order dated 29.01.2016. The report of the Mediator dated 29.03.2016 reflects that the issue could not be resolved through the process of mediation.

It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.37089 of 2015 (6) dt.31-03-2016 petitioner that petitioner admits the marriage with the informant as well as performance of second marriage. The petitioner and informant are present, but it appears that reconciliation is not feasible at this juncture. It is submitted by the learned counsel for the informant that the informant is still ready for getting the issue settle on payment of one time settlement amount for which the petitioner is not ready.

Under the circumstances, 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 Raghopur P.S. Case No. 10 of 2015, pending in the court of learned Chief Judicial Magistrate, Vaishali at Hajipur.

With the above observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T