Lalan Jaiswal @ Lalan Kumar Jaishwal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2357 of 2013 Arising Out of PS.Case No. -11 Year- 2012 Thana -BASNAHI District- SAHARSA ====================================================== Lalan Jaiswal @ Lalan Kumar Jaishwal, S/O Late Dayanand Jaishwal, resident of Village Mahua Bazar, P.S- Basanahi, District- Saharsa. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Khushboo Devi W/O Lalan Jaishwal @ Lalan Kumar Jaishwal, Resident of Village Mahua Bazar, P.S- Basanahi, District- Saharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Verma, Advocate For the S t a t e : Ms. Rina Sinha(APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 01-04-2015 The petitioner figured as an accused in Basanahi P.S. Case No.11 of 2012 pending in the court of C.J.M.,Saharsa. Apprehending arrest, the petitioner filed A.B.P. No.225 of 2012 before the Sessions Judge, Saharsa. The same was dismissed on 30.10.2012. 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 of the petitioner. Hence, the application is allowed.

Patna High Court Cr.Misc. No.2357 of 2013 (3) dt.01-04-2015 2/2 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 Chief Judicial Magistrate, Saharsa, in connection with Basanahi P.S. Case No.11 of 2012, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(L. Narasimha Reddy,CJ) PNM U T