Patna High CourtCR. MISC./24820/2014bail granted

Ramayan Ram v. State Of Bihar And ANR

2015-06-25The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24820 of 2014 Arising Out of PS.Case No. -138 Year- 2013 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ======================================================

1. Ramayan Ram Son of Late Ram Swaroop Ram Resident of VillageSahpur, P.S.-Shiv Sagar, District-Rohtas (Sasaram) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Deo Murta Devi Wife of Ramayan Ram Resident of Village-Sahpur, P.S.-Shiv Sagar, District-Rohtas (Sasaram) currently resident of daughter of Late Kailash Ram Resident ofVillage-Alampur, P.S.-Shiv Sagar, DistrictRohtas (Sasaram) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sumeet Kumar Singh For the Opposite Party/s : Mr. Anuj Kumar Srivastava (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-06-2015 This application is filed under section 438 of the Code of Criminal Procedure with a prayer to grant anticipatory bail to the petitioner in connection with Complaint Case No. 138(C) of 2013, who is being tried for the offence punishable under section 498-A of the Indian Penal Code.

Apprehending his arrest the petitioner filed A.B.P. No. 42 of 2014 in the court of Sessions Judge, Rohtas, and the same was dismissed on 29-4-2014. Hence, this application. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The allegations against the petitioner are only

Patna High Court Cr.Misc. No.24820 of 2014 (4) dt.25-06-2015 2/2 referable to Section 498-A of the Indian Penal Code. In the recent past Hon'ble Supreme Court held that arrest and continued detention in cases registered under section 498-A of the Indian Penal Code is almost unwarranted.

Hence, the petition is allowed. In the event of arrest , the petitioner shall be released on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, Sasaram, in connection with Complaint Case No. 138 of 2013, Trial No. 2263 of 2013, subject to the conditions as laid down under section 438(2) Cr.P.C.

(L. Narasimha Reddy,CJ) B.Roy/- U