Patna High CourtCR. MISC./37385/2014bail granted

Moti Rahman v. State Of Bihar And ANR

2015-04-10The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37385 of 2014 Arising Out of PS.Case No. -1301 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Moti Rahman, son of Phool Mohammad, resident of Village-Manikpur, P.S. Minapur, District-Muzaffarpur.

.... .... Petitioner/s

Versus

1. State of Bihar

2. Gulshan Khatoon, daughter of Md. Hussain, resident of village Manikpur Chand, P.S. Mushari, District-Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Anis Akhtar For the Opposite Party/s : Mr. Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 10-04-2015 The petitioner figured as accused in Complaint Case No.1301 of 2013 (Tr. No.2147 of 2013) wherein offences punishable under Section 498A of the Indian Penal Code and Sections 3⁄4 of Dowry Prohibition Act have been alleged. Apprehending his arrest, the petitioner filed ABP No.1081 of 2014 before the Sessions Judge, Muzaffarpur. The same was rejected on 02.08.2014. Hence, this application for grant of anticipatory bail under Section 438 Cr. P.C.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The only allegation against the petitioner is one under Section 498A of the Indian Penal Code. In a case of this nature, it is not at all necessary that the accused must be

Patna High Court Cr.Misc. No.37385 of 2014 (2) dt.10-04-2015 2/2 arrested.

Therefore, the application is allowed. It is directed that in the event of arrest, the petitioner shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, (East) Muzaffarpur in connection with Complaint Case No.1301 of 2013 (Tr. No.2147 of 2013).

(L. Narasimha Reddy, CJ) Sunil/- U T