Lakshman Bind @ Laxuman Bind v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11519 of 2016 Arising Out of PS.Case No. -283 Year- 2015 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ====================================================== Lakshman Bind @ Laxuman Bind, Son of Makhhu Bind R/o village Kurasan, P.S. Bhabua, District - Kaimur at Bhabua. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Mira Devi D/o Jayram Bind, W/o Lakshman Bind @ Laxman Prasad R/o village Kurasan, P.S. Bhabua, District - Kaimur at Bhabua, at present reside at village Jalalpur, P.O. Ujari Sikathi, P.S. Bhabua, District - Kaimur at Bhabua.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. Uma Shankar Pd. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 18-08-2016 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 process has 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.

It is submitted by learned counsel for the petitioner that the petitioner admits his marriage with the complainant and has filed Matrimonial Suit No. 60 of 2015 with

Patna High Court Cr.Misc. No.11519 of 2016 (4) dt.18-08-2016 2/2 a prayer for divorce, though, after filing of the complaint petition.

It is submitted by learned counsel for the complainant that the petitioner denies to have performed second marriage but it appears from the impugned order that in reply to the specific question put by learned Sessions Judge the petitioner admits that he has performed second marriage. In the circumstances, the reconciliation between the parties does not appear to be feasible. 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. 283/337 of 2015 pending in the court of learned Chief Judicial Magistrate, Kaimur at Bhabua.

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