Nitish Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15961 of 2014 Arising Out of PS.Case No. -142 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Nitish Sao Son Of Sri Shiv Kumar Sao R/O Village-Berhna, TolaBuzurk, P.S. Barh, District-Patna .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Puja Devi Wife Of Nilish Sao R/O Village-Berhna, Tola Buzurk, P.S. Barh, District Patna At Present Residing At Daughter Of Sakhichand Sao, Village-Pura, P.S. Barh, District-Patna .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Anuj Kumar Srivastava(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Complaint Case No.142(C) 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.4680/2013 in the court of learned Sessions Judge, Patna. The learned Judge rejected the application through order dated 25.2.2014/. 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 wherein offences punishable under Section-498A of

Patna High Court Cr.Misc. No.15961 of 2014 (3) dt.13-04-2015 2/2 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 bailbond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of A.C.J.M., Barh, District- Patna, in connection with Complaint Case No.142(C) of 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