Faruk Ansari v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34061 of 2014 Arising Out of PS.Case No. -27 Year- 2013 Thana -MAHILA P.S. District- SARAN ======================================================
1. Faruk Ansari Son of Rahman Ansari Resident of Village - Pachlakh Path, P.S.- Parsa, District - Saran at Chapra .... .... Petitioner/s
Versus
1. The State of Bihar
2. Afsana Khatoon Wife of Faruk Ansari Daughter of Naimuddin Ansari Resident of Village - Pachlakh Path, P.S.- Parsa, District - Saran at Chapra, at present R/o- Village - Chotha Telpa, P.S.- Chapra Town District Saran at Chapra .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Aslam Ansari, Adv. For the Opposite Party/s : Mr. Pronati Singh (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Saran Mahila P.S. Case No.27/2013, 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.2491/2013 in the court of learned Sessins Judge, Saran at Chapra. The learned Judge rejected the application through order dated 11.6.2014. Hence, this
Patna High Court Cr.Misc. No.34061 of 2014 (3) dt.13-04-2015 2/3 application for grant of anticipatory bail under Section438 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 Sub-Divisional Judicial Magistrate, in connection with Saran Mahila P.S. Case No.27/2013, 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
Patna High Court Cr.Misc. No.34061 of 2014 (3) dt.13-04-2015 3/3 (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