Ravindar Singh @ Ravindar Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41957 of 2014 Arising Out of PS.Case No. -872 Year- 2014 Thana -BHABHU(KAIMUR) COMPLAIN C DistrictBHABHUA (KAIMUR) ======================================================

1. Ravindar Singh @ Ravindar Kumar Singh S/o Late Ramadhar Singh Resident of Village- Baraura, P.S.- Ramgarh, District- Kaimur(Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nitu Devi, wife of Ravindar Singh, daughter of Late Ramayan Singh, at present resident of village Kaudiram, P.S.- Mohania, District- Kaimur at Bhabhua.

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

For the Petitioner/s : Mr. Viveka Nand Singh, Adv. For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Complaint Case No. 872 of 2014, 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.655a/2014/1082/14 in the court of learned Sessions Judge, Kaimur at Bhabhua. The learned Judge rejected the application through order dated 18.9.2014. 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

Patna High Court Cr.Misc. No.41957 of 2014 (3) dt.13-04-2015 2/2 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 bail-bond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of A.C.J.M., Kaimur at Bhabhua in connection with Complaint Case No. 872 of 2014, 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