Krishna Kumar Mishra & Ors vs State Of Bihar & Anr on 1 August, 2017
3. Counsel for opposite party No. 2 has appeared. He has
submitted that the alleged occurrence of torture has been committed
with the complainant prior to the divorce and therefore, in the
aforesaid period, the husband and other co-accused cannot be
exonerated. He has relied upon a decision of this court reported in
2017(3) PLJR 24 (Mukesh Kumar & Ors. Vs. The State of Bihar &
Anr.) in support of his submission. The opposite party No. 2 has
submitted that after decree of divorce, the wife has performed another
marriage and she has also given birth to two children. Counsel for
opposite party No. 2 has submitted that this falsifies the allegation,
made against the complainant by her husband that she could not bear
child. The counsel for the petitioners has submitted that husband has
also performed another marriage and is leading conjugal life.