Patna High CourtCR. MISC./33087/2014bail granted

Sunaina @ Sulekha Devi And ORS v. State Of Bihar And ANR

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33087 of 2014 Arising Out of PS.Case No. -453 Year- 2011 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================

1. Sunaina @ Sulekha Devi, Wife of Tuntun Mandal

2. Tuntun Mandal, Son of Mahadeo Pd. Singh

3. Pintu Mandal, Son of Tuntun Mandal, All residents of village - Satghara (Daudbat) P.S. - Habibpur, District - Bhagalpur .... .... Petitioners

Versus

1. The State of Bihar

2. Gunjan Devi Daughter of Late Anuplal Singh Resident of Village - Kotwali, P.S. - Rajoun, District - Banka .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Indeshwari Prasad Mandal, Adv. For the Opposite Parties : Mr. Anil Kumar Singh 1(APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioners figured as accused in Complaint Case No.453/11 on the file of Chief Judicial Magistrate, Bhagalpur, for the offences punishable under Sections-498A, 147, 148, 323, 379 and 504 of I.P.C. and 3/4 of Dowry Prohibition Act.

Apprehending arrest, the petitioners filed A.B.P. No.1553/13 in the court of learned Sessions Judge, Bhagalpur. The learned Judge rejected the application through order dated 17.7.2014. Hence, this application for grant of anticipatory bail under Section438 of Cr.P.C. Heard learned counsel for the petitioners and

Patna High Court Cr.Misc. No.33087 of 2014 (2) dt.04-02-2015 2/2 learned A.P.P. for the State.

The main allegation against the petitioners is 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 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, Bhagalpur, in connection with Complaint Case No.453/11.

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