Jitendra Sharma v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30379 of 2014 Arising Out of PS.Case No. -2787 Year- 2010 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ======================================================

1. Jitendra Sharma S/o Nawal Sharma R/o village- Bedaul, P.S.- Aurai, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Punam Devi W/o Jitendra Sharma, D/o Naresh Sharma R/o villageBedaul, P.S.- Aarai, District- Muzaffarpur, at Present residing in villagePatshwma, P.S.- Gaighot, P.O.- Hasna, District- Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiva Shankar Sharma For the Opposite Party/s : Mr. Asha Devi(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Complaint Case No.2787 of 2010, 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.226/14 in the court of learned Sessions Judge, Muzaffarpur. The learned Judge rejected the application through order dated 2.5.2014. 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 past,

Patna High Court Cr.Misc. No.30379 of 2014 (3) dt.13-04-2015 2/2 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 bail-bond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of S.D.J.M., East Muzaffarpur in connection with Complaint Case No.2787/2010, 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