Navin Malakar @ Navin Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33068 of 2014 Arising Out of PS.Case No. -186 Year- 2014 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Navin Malakar @ Navin Kumar, Son of Shailendra Malakar, Resident of village Jodhanbigha, P.S. Shekhopur Sarai, District- Sheikhpura. .... .... Petitioner
Versus
1. The State of Bihar
2. Rubi Devi D/o Bhushan Malakar at present resident at Nai Sarai, Dhobi Gali, P.S. Bihar, District-Nalanda.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Satya Ranjan Sinha, Adv. Mrs.Seems Kumari, Adv.
For the Opposite Party : Mr. Bharat Bhushan(App) Mr. Raj Kishore Prasad, Adv.
====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioner figured as an accused in Bihar P.S. Case No.186/2014, on the file of Chief Judicial Magistrate, Nalanda at Biharsharif, for the offence punishable under Sections- 498A, 323, 494 of I.P.C. and 3⁄4 of D.P. Act.
Apprehending arrest, the petitioner filed A.B.P. No.732/2014 in the court of Sessions Judge, Nalanda at Biharsharif. The learned Judge rejected the application through order dated 18.7.2014. Hence, this application for grant of anticipatory bail under Section438 of Cr.P.C. Heard learned counsel for the petitioner and
Patna High Court Cr.Misc. No.33068 of 2014 (2) dt.04-02-2015 2/2 learned A.P.P. for the State, as also learned counsel for the informant.
Having regard to the allegation against him, this Court is convinced that the petitioner need not be arrested. The truth or otherwise of the allegation against him needs to be established in the trial. As such, the application is allowed.
In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bailbond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Bihar P.S. Case No.186/2014, subject to the conditions laid down under Section-438(2) of Cr.P.C. (L. Narasimha Reddy,CJ) K.C.jha/- U T