Patna High CourtCR. MISC./24130/2014bail granted

Md. Reza And ANR. v. State Of Bihar And ANR

2015-06-25The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24130 of 2014 Arising Out of PS.Case No. -247 Year- 2012 Thana -SITAMARHI COMPLAINT CASE DistrictSITAMARHI ======================================================

1. Md. Reza Son of Abdul Sattar

2. Rehana Khatoon w/o Abdul Sattar Both resident of village+ Police Station- Sursand, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar null null

2. Asmin Khatoon daughter of Md. Juber resident of Village Bhaluyahi, Police Station Sursand, District- Sitamarhi.

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. A.M.P.Mehta(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-06-2015 This application is filed under section 438 of the Code of Criminal Procedure with a prayer to grant anticipatory bail to the petitioners in connection with Complaint Case No. C-I/ 247/12 , who is being tried for the offence punishable under section 498-A of the Indian Penal Code.

Apprehending their arrest the petitioners filed A.B.P. No. 1443 of 2013 in the court of Sessions Judge, Sitamarhi, and the same was dismissed on 21-5-2014. Hence, this application. Heard learned counsel for the petitioners and learned A.P.P. for the State.

The allegations against the petitioners are only

Patna High Court Cr.Misc. No.24130 of 2014 (5) dt.25-06-2015 2/2 referable to Section 498-A of the Indian Penal Code. In the recent past Hon'ble Supreme Court held that arrest and continued detention in cases registered under section 498-A of the Indian Penal Code is almost unwarranted.

Hence, the petition is allowed. In the event of arrest , the petitioners above named shall be released on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Complaint Case No.C-I/247/12, subject to the conditions as laid down under section 438(2) Cr.P.C.

(L. Narasimha Reddy,CJ) BK.Roy/- U