Patna High CourtCR. MISC./39530/2014bail granted

Anisoor Rahman v. The State Of Bihar

2015-01-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39530 of 2014 Arising Out of PS.Case No. -2595 Year- 2012 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Anisoor Rahman, son of Md. Hussain, resident of Village Parasrai, Police Station Amour, District Purnia .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For te Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 16-01-2015 The wife of the petitioner has submitted a complaint alleging the act of harassment and a case under section 498A and other relevant provisions of the Indian Penal Code was registered. On earlier occasion, the petitioner was granted anticipatory bail. However, thereafter he was arrested on 4.8.2014 alleging that the conditions were not complied with. The petitioner filed BP No. 620 of 2014 before the Sessions Judge, Katihar. In course of hearing of the bail petition, the petitioner was produced before the court and his prayer for bail was rejected only on the ground that the petitioner did not come forward with any admission of his mistake and fault. The trial court dismissed the petition through order dated 26.8.2014. Hence, this application. It is rather unfortunate that the trial court did not

Patna High Court Cr.Misc. No.39530 of 2014 (2) dt.16-01-2015 2/2 understand the basis of the parameters to be applied in the cases filed under Section 439, Cr.P.C. It is just not understandable as to how the incompatibility between the parties can be a ground to reject the prayer for bail.

This application is allowed. The petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Katihar, in connection with C A No. 2595/2012 (L. Narasimha Reddy,CJ) mrl U T