Dipanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37491 of 2014 Arising Out of PS.Case No. -66 Year- 2007 Thana -AURAI District- MUZAFFARPUR ======================================================

1. Dipanshu Kumar Son of Ram Babu Thakur Resident of Village - Sarhachiya, P.S.- Aurai, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Putul Devi, wife of Dipanshu Kumar, resident of village Sarhachiya, P.S.- Aurai, District- Muzaffarpur, at present daughter of Bishwanath Singh, resident of village Narma, P.S.- Hathauri, District- Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pradeep Kumar Sinha, Adv. For the Opposite Party/s : Mr. Anil Kr.Singh(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Aurai P.S. Case No.66/2007, 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.979/2014 in the court of learned Sessions Judge, Muzaffarpur. The learned Judge rejected the application through order dated 12.8.2014. 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,

Patna High Court Cr.Misc. No.37491 of 2014 (3) dt.13-04-2015 2/2 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.

In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bail-bond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, (East) Muzaffarpur in connection with Aurai P.S. Case No.66/2007, 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