Patna High CourtCR. MISC./33052/2014bail granted

Jeetendar Kumar @ Jeetendra Kumar v. The State Of Bihar

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33052 of 2014 Arising Out of PS.Case No. -127 Year- 2014 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== Jeetendar Kumar @ Jeetendra Kumar, Son of Vijay Yadav, Resident of village Harbanspur, Police Station Islampur , District Nalanda . .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anil Kumar Singh, Adv. For the Opposite Party : Mr. Md. Ataur Rahman (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioner figures as an accused in Islampur P.S. Case No.127 of 2014 on the file of Additional Chief Judicial Magistrate, Hilsa, Nalanda for the offence punishable under Sections- 498A, 323, 379/34 of I.P.C. and 4 of Dowry Prohibition Act. Apprehending arrest, the petitioner filed A.B.P. No.384/14 in the court of learned Sessions Judge, Nalanda Camp Court, Hilsa, which was rejected through order dated 19.7.2014. Hence, this application for grant of anticipatory bail under Section-438 of Cr.P.C. Heard learned counsel for the petitioner and learned APP for the State.

The main allegation against the petitioner is

Patna High Court Cr.Misc. No.33052 of 2014 (2) dt.04-02-2015 2/2 one under Section-498A of I.P.C.

In view of the recent guidelines issued by the Supreme Court in relation to the cases registered under Section-498A of I.P.C., accused cannot be even arrested. Hence, the application is allowed.

In the event of arrest, the petitioner shall be enlarged on anticipatory bail on furnishing the bail-bond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in connection with Islampur P.S. Case No.127/14, subject to the conditions laid down under Section-438(2) of Cr.P.C.

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