Abdul Kadir v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40605 of 2014 Arising Out of PS.Case No. -853 Year- 2013 Thana -MADHUBANI COMPLAINT CASE DistrictMADHUBANI ======================================================

1. Abdul Kadir Son of Hafiz Ahmad Raza resident of village- Noor Chak Navtoli, P.S.- Bisfi, District- Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Nuzhat Praveen, daughter of Jakir Hussain, resident of village Kakorba, P.S.- Bisfi, District- Madhubani.

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Anil Prasad Singh (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Complaint Case No. 853/2013, T.R. No.4727/2013, registered on the basis of a complaint submitted by the wife of the petitioner alleging offences including one punishable under Section498A of I.P.C. Apprehending arrest, the petitioner filed A.B.P. No. 131/14 (C.F.) in the court of learned Sessions Judge, Madhubani.

The learned Judge rejected the application through order dated 29.8.2014. 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 the law laid down by the Supreme Court in the recent past, the arrest of a person who figured as accused in a case

Patna High Court Cr.Misc. No.40605 of 2014 (3) dt.13-04-2015 2/2 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 C.J.M., Madhubani in connection with Complaint Case No. 853/2013, T.R. No.4727/2013, 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