Patna High CourtCR. MISC./13964/2014bail granted

Md. Mahtab Ansari v. The State Of Bihar

2015-04-13The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13964 of 2014 Arising Out of PS.Case No. -87 Year- 2013 Thana -KHAIRA District- JAMUI ======================================================

1. Md. Mahtab Ansari Son Of Mubarak Ansari Resident Of VillageJhundo, P.S- Khaira, Distt- Jamui. .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Raziya Khatom, Daughter of Md. Mazid Ansari, resident of village Bukar, P.S. + District- Jamui.

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Upendra Kumar (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Khaira P.S. Case No.87 of 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.99/2014 in the court of learned Sessions Judge, Jamui. The learned Judge rejected the application through order dated 7.2.2014. 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.

Whether one goes by the nature of allegations or the law laid down by the Supreme Court in the recent

Patna High Court Cr.Misc. No.13964 of 2014 (4) dt.13-04-2015 2/2 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.

The order dated 2.8.2014, granting provisional anticipatory bail to the petitioner shall be treated as one granting anticipatory bail subject to the conditions that:- (a) if any arrangement has been 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 without prejudice to the proceedings for mediation, if any. (L. Narasimha Reddy,CJ) K.C.jha/- U T