Patna High CourtCR. MISC./38468/2014bail granted

Vivek Dubey @ Vivek Kumar Dubey @ Dablu v. State Of Bihar And ANR

2015-01-14The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38468 of 2014 Arising Out of PS.Case No. -3784 Year- 2012 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Vivek Dubey @ Vivek Kumar Dubey @ Dablu, Son of Bharat Dubey, Resident of Village - Paigambarpur, P.S. - Baniyapur, District - Saran at Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Guddi Devi, Wife of Vivek Kumar Dubey @ Dablu, Resident of Village - Paigambarpur, P.S. - Baniyapur, District - Saran at Chapra, at present Daughter of Gauri Shankar Pandey, Resident of Village - Mubarakpur, P.S. - Marhourah, District - Saran.

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 14-01-2015 The petitioner is facing trial for the offences punishable under Sections 498A, 323, 406, 504 read with 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act on a complaint submitted by his wife. He has been arrested in June, 2014.

B.P.No.1213 of 2014 was filed by the petitioner before the Court of learned Adhoc Additional Sessions Judge, 5th, Saran at Chapra which was dismissed on 31.07.2014. Hence, this application under Section 439 of the Code of Criminal Procedure.

Heard Sri Manoj Kumar, learned counsel for the

Patna High Court Cr.Misc. No.38468 of 2014 (2) dt.14-01-2015 2/2 petitioner and Sri Madhuranand Jha, learned A.P.P. for the opposite party.

The only allegation against the petitioner is referable to Section 498A of the Indian Penal Code. The chargesheet is said to have been filed. The truth or otherwise of the allegation against the petitioner needs to be decided in the trial. He cannot be kept in the prison indefinitely.

Hence, the application is allowed. The petitioner is directed to be released on bail 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, Saran at Chapra in connection with Complaint Case No.3784 of 2012.

(L. Narasimha Reddy, CJ) Sunil/- U T