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Patna High CourtCR. MISC./40664/2013bail granted

Ram Babu Choudhary v. The State Of Bihar

2015-04-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40664 of 2013 Arising Out of PS.Case No. -1603 Year- 2011 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Ram Babu Choudhary, Son of Jagdish Choudhary, Resident Of Village - Dariyaganj, P.O. and P.S.- Doriganj, District - Saran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Rijwanti Devi, W/O Ram Babu Chaudhary & daughter of Prabhu Chaudhary, resident of Vill.- Rampur Sirisiya, P.O. & P.S.Kinilganj, Distt-Saran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nagendra Rai, Advocate For the Opposite Party/s : Mr. Dilip Kumar (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-04-2015 The petitioner figured as an accused in Complaint Case No.1603 of 2011 (Trial No.2330/2013) pending in the court of S.D.J.M., Chapra, Saran.

Apprehending arrest, the petitioner filed A.B.P. No.793 of 2013 before the Sessions Judge, Saran at Chapra. The same was dismissed on 17.7.2013. Hence, this application for grant of anticipatory bail under Section 438 of Cr.P.C. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The only allegation against the petitioner is referable to Section 498A of the Indian Penal Code. Even if any part of the allegation against the petitioner is true, it does not warrant arrest

Patna High Court Cr.Misc. No.40664 of 2013 (3) dt.09-04-2015 2/2 of the petitioner. Hence, the application is allowed. In the event of arrest, the petitioner is directed to 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 learned Sub-Divisional Judicial Magistrate, Chapra, Saran, in connection with Complaint Case No.1603 of 2011 (Trial No.2330/2013), subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (L. Narasimha Reddy,CJ) PNM U T