Patna High CourtCR. MISC./39522/2014bail granted

Md. Arshad v. State Of Bihar And ANR

2015-06-25The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39522 of 2014 Arising Out of PS.Case No. -673 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Md. Arshad Son of Md. Seraj Uddin Resident of Village - Maulanachak, P.O. / P.S. - Balia, District- Begusarai.

.... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sidhendra Narayan Singh, Adv. For the Opposite Party/s : Mr. Parmanand Prasad (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 25-06-2015 The petitioner figured as an accused in Complaint Case No.673(C) of 2012 filed by O.P. No.2 for the offence punishable under Sections- 494 and 498A of I.P.C. and 3⁄4 Dowry Prohibition Act.

Apprehending his arrest, the petitioner filed A.B.P. No.120 of 2013 in the court of learned Additional Sessions Judge, 1st Barh. The same was dismissed on 24.9.2013. Hence, this application for 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

Patna High Court Cr.Misc. No.39522 of 2014 (4) dt.25-06-2015 2/2 accused in a case wherein offences punishable under Section-498A of I.P.C. is alleged, is not at all warranted. Having gone into the facts and circumstances of the case, application is allowed. In the event of arrest, let the petitioner named above be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh in connection with Complaint Case No. 673(C) of 2012, subject to the conditions laid down under Section-438(2) of Cr.P.C. (L. Narasimha Reddy,CJ) K.C.jha/- U T