Ajit Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18923 of 2014 Arising Out of PS.Case No. -2249 Year- 2009 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================
1. Ajit Kumar Son of Girija Nandan Prasad Resident of Village - Nerut, P.S.- Sare, Block Asthama, District - Nalanda .... .... Petitioner/s
Versus
1. The State of Bihar
2. Priti Kumari @ Kumari Priti Sinha Daughter of Balmiki Prasad Resident of Mohalla - Sri Ram Krishna Nagar, P.S.- Ram Krishna Nagar, District - Patna .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogendra Kumar Singh For the Opposite Party/s : Mr. C.Jawahar (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 petitioner in connection with Complaint Case No.2249(C)/2009, who is being tried for the offence punishable under section 498-A of the Indian Penal Code. Apprehending his arrest the petitioner filed A.B.P. No. 4359 of 2013 in the court of Sessions Judge, Patna, and the same was dismissed on 12-3-2014. Hence, this application. Heard learned counsel for the petitioner and learned A.P.P. for the State.
The allegations against the petitioner are only
Patna High Court Cr.Misc. No.18923 of 2014 (3) 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 petitioner 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 Subdivisional Judicial Magistrate, Patna in connection with Complaint Case No. 2249(C)/2009 , subject to the conditions as laid down under section 438(2) Cr.P.C. (L. Narasimha Reddy,CJ) B.Roy/- U T