Santosh Razak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38818 of 2014 Arising Out of PS.Case No. -1407 Year- 2012 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR ======================================================
1. Santosh Razak Son of late Ashok Razak, resident of Village - Rasalpur, Near Durga Asthan, P.S. Rashalpur (Kahalgaon), Distt - Bhagalpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Archana Devi, wife of Santosh Rajak, daughter of Laxman Rajak, resident of village Kajipura Ward No. 3, P.S.- Kahalgaon, DistrictBhagalpur. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Adv. For the Opposite Party/s : Mr. Arun Kumar (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Complaint Case No.1407/2012, 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.661/14 in the court of learned Sessions Judge, Bhagalpur. The learned Judge rejected the application through order dated 12.8.2014. 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
Patna High Court Cr.Misc. No.38818 of 2014 (3) dt.13-04-2015 2/2 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 S.D.J.M., Bhagalpur in connection with Complaint Case No.1407/2012, 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