Patna High CourtCR. MISC./19227/2012bail granted

Md. Neyaz v. The State Of Bihar

2015-03-10The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19227 of 2012 ======================================================

1. Md. Neyaz, S/o Md. Imamuddin, R/o Mohalla - Bari Haveli, Saguna, P.S. Danapur, District - Patna .... .... Petitioner

Versus

1. The State Of Bihar

2. Sayeeda Khatoon @ Gudiya, D/o Md. Khalil, R/o village- Naya Tola, Raja Colony, P.S. Phulwarisharif, District- Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Fahimuddin, Adv. For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-03-2015 The wife of the petitioner submitted a complaint based on which Danapur P.S. Case No.382 of 2011 was registered for the offence under Sections498A/34 of I.P.C. The petitioner filed A.B.P. No.6221 of 2011 in the court of learned Sessions Judge, Patna which was rejected on 10.4.2012. Hence, this application for grant of anticipatory bail under Section-438 of Cr.P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State.

Way back on 3.7.2012 this Court passed an order directing that no coercive steps shall be taken against the petitioner and that notice shall be issued to Opposite Party No.2. Notice has since been served. The allegation made against the petitioner

Patna High Court Cr.Misc. No.19227 of 2012 (3) dt.10-03-2015 2/2 needs to be examined in the trial. The offence alleged against the petitioner is not so serious as to warrant his arrest. At any rate, the petitioner has the benefit of the order passed by this Court for the past three years. Therefore, the application is allowed.

In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bail-bond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Danapur, Patna in connection with Danapur P.S. Case No.382 of 2011, subject to the conditions laid down under Section-438(2) of Cr.P.C.

(L. Narasimha Reddy,CJ) K.C.jha/- U T