Mithilesh Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14121 of 2014 Arising Out of PS.Case No. -242 Year- 2013 Thana -NALANDA COMPLAINT CASE DistrictNALANDA (BIHARSHARIFF) ====================================================== Mithilesh Yadav S/O Sri Bhagirath Yadav Resident Of Village Makdumpur, P.S.- Islampur, District- Nalanda ....... Petitioner/s

Versus

1. The State Of Bihar

2. Kulmati Devi W/O Mithilesh Yadav Resident Of Village Makdumpur, P.S.- Islampur, District- Nalanda .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amrendra Nath Vishaws For the Opposite Party/s : Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 02-07-2015 This application under Section 438 CrPC is filed with a prayer for grant of anticipatory bail to the petitioner who is an accused in relation to Complaint Case No.242C/2013 for the offence punishable under Sections 323, 341, 498A, and 504 of the IPC and Section 4 of the Dowry Prohibition Act pending in the court of the Sub Divisional Judicial Magistrate, Hilsa. Apprehending his arrest, the petitioner filed ABP No.30/2014 in the court of learned Sessions Judge, Nalanda Camp Court at Hilsa. The same was rejected through order dated 15.2.2014/24.2.2014.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

The allegation against the petitioner is referable to

Patna High Court Cr.Misc. No.14121 of 2014 (3) dt.02-07-2015 2/2 Section 498A IPC. In the recent past, the Hon'ble Supreme Court held that arrest and continued detention, in cases registered under Section 498A IPC, is almost unwarranted. Therefore, it is not at all necessary to arrest an accused in a case of that nature.

Hence, this application is allowed. It is directed that in the event of his arrest, the petitioner, namely, Mithilesh Yadav shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Hilsa, Nalanda, in connection with Complaint Case No. 242/2013, subject to the conditions as laid down under Section 438(2) CrPC.

It is further directed that in case the complainantwife intends to join the petitioner, he shall be under obligation to take and maintain her. If the petitioner refuses to maintain her, the anticipatory bail shall stand cancelled.

(L. Narasimha Reddy,CJ) mrl U T