Sunil Singh And ORS. v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23760 of 2014 Arising Out of PS.Case No. -313 Year- 2013 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sunil Singh Son of Late Yugul Singh
2. Sheela Kunwar @ Sheela Devi W/O-Late Yugul Singh
3. Awadhesh Singh Son of Ram Chandra Singh
4. Mala Devi W/O-Awadhesh Singh All are residents of village- Ujjain Lohiyar Sighan, P.S.-Harsidhi, District-East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar
2. Seema Devi D/O-Late Sitaram Singh Resident of Village-Ujjain Lohiyar, Dobhi Tola, P.S.-Harsidhi, DIstrict-East Champaran .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioners figured as accused in Complaint Case No.C-313/203, registered on the basis of a complaint submitted by Opposite Party No.2, alleging offences including one punishable under Section-498A of I.P.C. Apprehending arrest, the petitioners filed A.B.P. No.162/14 in the court of learned Sessions Judge, East Champaran at Motihari. The learned Judge rejected the application through order dated 25.4.2014. Hence, this application for grant of anticipatory bail under Section438 of Cr.P.C. Heard learned counsel for the petitioners and
Patna High Court Cr.Misc. No.23760 of 2014 (3) dt.13-04-2015 2/2 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 I.P.C. is alleged, is not at all warranted.
Therefore, the application is allowed.
The order dated 9.9.2014, granting provisional anticipatory bail to the petitioners 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) disposal of this application shall be without prejudice to the proceedings for mediation, if any. (L. Narasimha Reddy,CJ) K.C.jha/- U T