Patna High CourtCR. MISC./4619/2014bail granted

Ram Dhyan Yadav v. The State Of Bihar

2015-07-30The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4619 of 2014 Arising Out of PS.Case No. -321 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Ram Dhyan Yadav S/O Late Ram Chandra Yadav R/O Village- Kako Bibipur, P.S.- Kako, District- Jehanabad .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Simanti Devi W/O Ram Dhyan Yadav, resident of Koko Bibipur, P.S. Kako, District-Jehanabad.

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

For the Petitioner/s : Ms. Rina Sinha For the Opposite Party/s : Mr. Ram Chandra Singh (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 30-07-2015 The petitioner figured as accused in Complaint Case No.321(c)/2012, filed in the Court of Sub-Divisional Judicial Magistrate, Masaudi, Patna, for the offences punishable under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act.

Apprehending his arrest, the petitioner filed ABP No.3827 of 2013 before the Sessions Judge, Patna. The same was rejected through order dated 10.12.2013. Hence, this application for grant of anticipatory bail under Section 438 Cr. P.C. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The allegation against the petitioner is referable to Section 498A IPC. In the recent past, the Hon'ble Supreme Court

Patna High Court Cr.Misc. No.4619 of 2014 (4) dt.30-07-2015 2/2 held that arrest and continued detention, in cases registered under Section 498A IPC, is almost unwarranted. Therefore, it is not at all necessary to arrest an accused in a case of that nature. Hence, this application is allowed. In the event of arrest or surrender, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Masaudi, Patna in connection with Complaint Case No.321 (c) of 2012, subject to the conditions as laid down under Section 438(2) Cr. P.C..

It is further directed that in case the complainant-wife intends to join the petitioner, he shall be under obligation to take and maintain her. If the petitioner refuses to maintain her, the anticipatory bail shall stand cancelled.

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