Anil Choubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42042 of 2014 Arising Out of PS.Case No. -2746 Year- 2007 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Anil Choubey, son of Sri Lalu Choubey resident of Village - Semarahiya, P.S. Marhowrrah, Dist- Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Niraj Devi W/o Anil Choubey, D/o Late Rameshwar Sharma, R/o Vill. Vairya Tola, PS Morhowrrah, Dist. Saran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-07-2015 This application under Section 438 CrPC is filed with a prayer for grant of anticipatory bail to the petitioner who is an accused in connection with Tr. No. 1079 of 2013 arising out of Complaint Case No. 2746 of 2007 for the offence punishable under Section 498A of the Indian Penal Code and under Section 3/ 4 of the Dowry Prohibition Act, pending in the court of Sub Divisional Judicial Magistrate, Saran, Chapra. Apprehending his arrest, the petitioner filed ABP No. 1400/2013 in the court of learned Sessions Judge, Saran at Chapra. The same was rejected through order dated 14.8.2014. Hence, this application.

Heard learned counsel for the petitioner and the

Patna High Court Cr.Misc. No.42042 of 2014 (3) dt.09-07-2015 2/2 learned Additional Public Prosecutor.

The allegation against the petitioner is referable to Section 498A IPC. In the recent past, the Hon'ble Supreme Court 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.

It is directed that in the event of his arrest, the petitioner, namely, Anil Choubey, shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Saran at Chapra, in connection with Tr. No. 1079 of 2013 arising out of Complaint Case No.2746 of 2007, subject to the conditions as laid down under Section 438(2) CrPC.

It is further directed that in case the complainantwife 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) mrl U T