Ravi Malakar @ Ravi Mali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39941 of 2015 Arising Out of PS.Case No. -51 Year- 2014 Thana -KAUAKOL District- NAWADA ====================================================== Ravi Malakar @ Ravi Mali Son of Rambalak Malakar .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s : Mr. Rajesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 19-01-2016 Heard learned counsels for the petitioner and the State. The petitioner being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 498A,341,323,307/34 of the Indian Penal Code.

The basic accusation is of torture.

In pursuance to order dated 27.08.2015, the petitioner and the informant are present in the Court.

On instruction, learned counsel for the petitioner submits that the petitioner admits his marriage with the informant and birth of two children. The petitioner is ready to keep the informant as wife with full dignity and honour.

Patna High Court Cr.Misc. No.39941 of 2015 (4) dt.19-01-2016 2/3 Though statement to that effect has not been made in the petition. It is further submitted that the sister of the petitioner, who is married to the brother of the informant has also lodged a case against the brother of the informant. Hence, as a retaliatory major the present case has been lodged.

On instruction, learned counsel for the informant submits that the informant accepts the offer of the petitioner. Considering the present stand of the parties, let the above named petitioner be released on provisional anticipatory bail for one year in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Kawakole P.S. Case No.51/2014, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Both sides shall appear before the learned court below on 2nd February, 2016 when the petitioner will take the informant to keep her as wife with full dignity and honour. The provisional bail of the petitioner will be confirmed by learned court below in three eventualities (i) if the matrimonial harmony is substantially restored (ii) if the informant fails to

Patna High Court Cr.Misc. No.39941 of 2015 (4) dt.19-01-2016 3/3 appear before the learned court below or (iii) if the informant gets reluctant to reconcile the issue.

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