Patna High CourtCR. MISC./9059/2014bail granted

Md. Nasir @ Nasiruddin v. State Of Bihar And ANR

2015-04-13The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9059 of 2014 Arising Out of PS.Case No. -215 Year- 2009 Thana -AURANGABAD COMPLAINT CASE District- AURANGABAD ======================================================

1. Md. Nasir @ Nasiruddin Son Of Md. Yasin Marhum Resident Of Village-Uchauli, P.S.-Madanpur, District-Aurangabad. (Bihar). .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sayara Khatoon Wife Of Md. Nasir @ Nasiruddin Daughter Of Maniruddin Resident Of Village+P.O.-Uchauli, P.S.-Madanpur, DistrictAurangabad (Bihar) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kr Singh No. 6, Adv. For the Opposite Party/s : Mr. U.S.P. Singh (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Complaint Case No.215/09 (Tr. No.3008/11), 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.640/11 in the court of learned Sessions Judge, Aurangabad. The learned Judge rejected the application through order dated 25.11.2011. 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.9059 of 2014 (4) 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 29.4.2014 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 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