Patna High CourtCR. MISC./48137/2014bail granted

Ramanand Sharma v. The State Of Bihar

2015-07-02The Chief Justice2 pages

Patna High Court Cr.Misc. No.48137 of 2014 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48137 of 2014 Arising Out of PS.Case No. -63 Year- 2014 Thana -MANSAHI District- KATIHAR ======================================================

1. Ramanand Sharma Son of Raghubir Sharma resident of village- Hafiganj, Near Bus Stand, P.S.- Mansahi, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pinki Devi, D/o Raju Sharma, R/o- Sahpur, Malkan Ghat, P.S. Manihari, Distt-Katihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. Ram Chandra Singh(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 02-07-2015 The petitioner is an accused in Mansahi P.S.

Case No.63 of 2014 for the offence punishable under Sections- 498A, 323, 504 and 379 of I.P.C.

Apprehending his arrest, the petitioner filed A.B.P. No.1109 of 2014 in the court of learned Sessions Judge, Katihar. The same was dismissed on 12.11.2014. Hence, this application for anticipatory bail under Section-438 of Cr.P.C.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Whether one goes by the nature of allegations or the law laid down by the Supreme Court in the recent past, the arrest of a person who figured as accused in a

Patna High Court Cr.Misc. No.48137 of 2014 (3) dt.02-07-2015 case wherein offences punishable under Section-498A of I.P.C. is alleged, is not at all warranted.

Application is allowed.

In the event of arrest let the petitioner named above be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Katihar in connection with Mansahi P.S. Case No.63 of 2014, subject to the conditions laid down under Section-438(2) of Cr.P.C.

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