Sanjay Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3779 of 2014 Arising Out of PS.Case No. -465 Year- 2013 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Sanjay Kumar Sharma Son Of Sri Ram Abodh Sharma Resident Of Village - Phulhara, P.S. - Kalyanpur, District - Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Asmita Kumari @ Guriya Kumari, wife of Sanjay Kr. Sharma, resident of Village - Phulhara, P.S. - Kalyanpur, District - Samastipur, at present R.B. Memorial Bachcha Ward, Beta Chowk, P.S.- Lakhisarai, District- Darbhanga.

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

For the Petitioner/s : Mr. Ravi Ranjan, Adv. For the Opposite Party/s : Mr. Ansuiya Jaiswal(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Laheriasarai P.S. Case No.465 of 2013, registered on the basis of a complaint submitted by the wife of the petitioner alleging offences including one punishable under Section-498A of I.P.C. Apprehending arrest, the petitioner filed A.B.P. No.1400 of 2013 in the court of learned Sessions Judge, Darbhanga. The learned Judge rejected the application through order dated 4.1.2014. 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.

Patna High Court Cr.Misc. No.3779 of 2014 (6) dt.13-04-2015 2/2 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 wherein offences punishable under Section-498A of I.P.C. is alleged, is not at all warranted.

Therefore, the application is allowed.

The order dated 25.3.2014 granting provisional anticipatory bail to the petitioner shall be treated as one granting anticipatory bail subject to the conditions that:- (a) if any arrangement has been 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