Ajay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9632 of 2016 Arising Out of PS.Case No. -1944 Year- 2015 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ====================================================== Ajay Kumar son of Amarnath Rajak, Resident of village- Dumari Bujurg, P.O. and P.S.- Nayagaon, District- Saran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kiran Devi, Wife of Ajay Kumar, D/o Madan Rajk At present R/o Village- Khajbatti, P.O.- Khanpur Pakri, P.S.- Bidupur, DistrictVaishali .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Narendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 05-05-2016 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.

Patna High Court Cr.Misc. No.9632 of 2016 (3) dt.05-05-2016 2/3 The basic accusation is of torture.

On the joint prayer of the parties the matter was referred to the Mediation and Conciliation Centre of the Bihar State Legal Services Authority. The report of the Mediator dated 21.04.2016 at Flag 'A' reflects that in spite of sincere effort mediation could not succeed.

The petitioner and the complainant are present in the Court.

Counsel for the petitioner submits that the petitioner admits his marriage with the complainant but due to the past conduct of the family members of the complainant the petitioner is not ready to keep her. However, petitioner is ready for payment of one time settlement amount.

Counsel for the complainant submits that the complainant is only agree for resuming the conjugal life. In the circumstances, the reconciliation appears to be not feasible at p resent.

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 eight weeks from today in connection with Complaint Case No. 1944 of 2015 pending in the court of learned Sub-divisional

Patna High Court Cr.Misc. No.9632 of 2016 (3) dt.05-05-2016 3/3 Judicial Magistrate, Vaishali at Hajipur.

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