Shafiqur Rahman v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43083 of 2014 Arising Out of PS.Case No. -1675 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT DistWESTCHAMPARAN(BETTIAH) ====================================================== Shafiqur Rahman, son of Sk Kalam, resident of Village Adhkapara, PS Ramgarhwa, District East Champaran .... .... Petitioner/s
Versus
1. State of Bihar
2. Roshan Ara Khatoon, wife of Satiqur Rahman, daughter of Sheikh Nathuni, resident of Village Adhkapara, PS Ramgarhwa, District East Champaran, at present residing at Jhumka PS Sikata District West Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Binod Kr. 2, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-03-2015 This application under section 438 of the Code of Criminal Procedure is filed by the petitioner for grant of anticipatory bail.
Earlier, ABP Nos. 694 of 2014 and 708 of 2014 filed by the petitioner for grant of anticipatory bail before the court of Sessions Judge, Bettiah, West Champaran, was dismissed on 10.9.2014.
The allegation against the petitioner is referable to Section 498A, IPC. Even if what is stated by the complainant is true, the petitioner cannot be subjected to arrest having regard to the guidelines issued by the Supreme Court in the recent past. Hence, this application is allowed.
I direct that in the event of being arrested, the petitioner shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like
Patna High Court Cr.Misc. No.43083 of 2014 (2) dt.04-03-2015 2/2 amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Complaint Case No. 1675C/2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(L. Narasimha Reddy,CJ) mrl U T