Patna High CourtCR. MISC./12699/2014bail granted

Gore Lal Chauhan v. The State Of Bihar

2015-04-13The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12699 of 2014 Arising Out of PS.Case No. -300 Year- 2012 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ======================================================

1. Gore Lal Chauhan Son Of Sheonandan Chauhan R/O- Village - Kewal Bigha, P.S.- Manpur, District - Nalanda .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Soni Kumari, Daughter of Ramprit Chauhan, village- Brahmtand, P.S.- Tetua, District-Gaya.

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

For the Petitioner/s : Mr. Raj Kishor Prasad, Adv. For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Complaint Case No.300C of 2012, registered on the basis of a complaint submitted by the wife of the petitioner alleging offences including one punishable under Section498A of I.P.C. Apprehending arrest, the petitioner filed A.B.P. No.104/2014 in the court of learned Sessions Judge, Nalanda at Biharsharif. The learned Judge rejected the application through order dated 13.2.2014. Hence, this application for grant of anticipatory bail

Patna High Court Cr.Misc. No.12699 of 2014 (5) dt.13-04-2015 2/3 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 case wherein offences punishable under Section-498A of I.P.C. is alleged, is not at all warranted.

Therefore, the application is allowed.

In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bailbond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Biharsharif (Nalanda) in connection with Complaint Case No.300C of 2012, subject to the conditions that:- (a) if any arrangement ordered by this Court on earlier occasion, it shall be in force till the disposal of the case before the trial court;

(b) the petitioner shall be under obligation to live with and maintain his wife, if she is otherwise willing; and (c) disposal of this application shall be

Patna High Court Cr.Misc. No.12699 of 2014 (5) dt.13-04-2015 3/3 without prejudice to the proceedings for mediation, if any.

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