Jitendra Kumar Shaw @ Jitendra Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12836 of 2014 Arising Out of PS.Case No. -69 Year- 2013 Thana -GOVINDPUR District- NAWADA ======================================================
1. Jitendra Kumar Shaw @ Jitendra Sao Son Of Birju Sao Resident Of Village - Guruchak, P.S. Hisua, District - Nawada .... .... Petitioner/s
Versus
1. The State Of Bihar
2. Pratima Devi @ Pratima Nayak, wife of Jitendra Kumar Shaw, Daughter of Rishi Nayak, resident of village Gobindpur Upan Bazar, Near Mosque, P.S.- Govindpur, District- Nawada. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Adv. For the Opposite Party/s : Mr. Rajesh Kumar(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Govindpur P.S. Case No.69/2013, registered on the basis of a complaint submitted by the wife of the petitioner alleging offences including one punishable under Section-498A of I.P.C. Apprehending arrest, the petitioner filed A.B.P. No.960/2013 in the court of learned Sessions Judge. The learned Judge rejected the application through order dated 31.1.2014. Hence, this application for grant of anticipatory bail under Section-
Patna High Court Cr.Misc. No.12836 of 2014 (3) dt.13-04-2015 2/3 438 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 Chief Judicial Magistrate, Nawada in connection with Govindpur P.S. Case No.69/2013 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.12836 of 2014 (3) dt.13-04-2015 3/3 without prejudice to the proceedings for mediation, if any.
(L. Narasimha Reddy,CJ) K.C.jha/- U T