Patna High CourtCR. MISC./36726/2014dismissed

Onkar Jaiswal @ Omkar Jaiswal @ Sonu v. The State Of Bihar

2015-03-20Mr. Justice Samarendra Pratap Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36726 of 2014 Arising Out of PS.Case No. -15 Year- 2013 Thana -MAHILA PS District- BUXAR ====================================================== Onkar Jaiswal @ Omkar Jaiswal @ Sonu, Son of Udaychand Jaiswal Resident of Mohania, P.S.- Mohania, District- Kaimur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pushpanjali Devi D/o Manoj Jaiswal, R/o Dhansoi, PS Dhansoi, Dist. Buxar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anirudh Kumar Singh For the Opposite Party/s : Mr. M.Rab, 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 Buxar (Mahila) PSt Case No. 15 of 2013 for the offence punishable under Sections 498A/323/34 of the Indian Penal Code pending in the court of learned Chief Judicial Magistrate, Buxar.

Apprehending his arrest, the petitioner filed ABP No.454/2013 in the court of the learned Sessions Judge, Buxar The same was rejected through order dated 13.5.2013. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

The allegation against the petitioner is referable to Section 498A IPC. In the recent past, the Hon'ble Supreme Court held that arrest and continued detention, in cases

Patna High Court Cr.Misc. No.36726 of 2014 (3) dt.02-07-2015 2/2 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, Onkar Jaiswal @ Omkar Jaiswal @ Sonu 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 Chief Judicial Magistrate, Buxar, in connection with Complaint Case No. Buxar (Mahila) PS Case No. 15 of 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) mrlU