Ravindra Mali v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48553 of 2014 Arising Out of PS.Case No. -2534 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Ravindra Mali S/o Subhash Mali R/o Baghawa Mishra, P.S. Bhore, District Gopalganj.

.... .... Petitioner

Versus

1. The State of Bihar.

2. Gita Devi W/o Ravindra Mali, D/o Late Shyamlal Mali R/o Village Karariya, Thakurai Tole, Sihapur, P.S. Fulwaria, District Gopalganj. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Naresh Dikshit For the Opposite Parties : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2015 Petitioner being 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 406, 494, 498A of the I.P.C.

The basic accusation is of torture and performing second marriage.

It is submitted by learned counsel for the petitioner that petitioner has not performed second marriage and petitioner is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 8 of the petition which reads as follows:- "That the petitioner is ready to keep the opposite party no. 2 with all love and dignity and infact the same stand

Patna High Court Cr.Misc. No.48553 of 2014 (2) dt.13-03-2015 2/2 was also taken by the petitioner before the learned Sessions Judge, Gopalganj during course of hearing of the matter"

Considering the present stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year, on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Complaint Case No. 2534 of 2013, Trial No. 4716 of 2014.

Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T