Md. Azam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.530 of 2013 Arising Out of PS.Case No. -3605 Year- 2010 Thana -COMPLAINT CASE District- Araria ====================================================== Md. Azam, S/O Md. Mojib, Resident Of Village- Laxmipur, Purandaha, Police Station- Simraha, District- Araria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Shagufta Perveen, D/O Meer Matloob, R/O Vill-.Moh.-Belwa (Millat Nagar) P.S.-Araria, Distt.-Araria .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Naushaduzzaha, Advocate For the Opposite Party/s : Mr. M.Haque(APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 01-04-2015 The petitioner figured as an accused in Complaint Case No.3605 of 2010 pending in the court of S.D.J.M., Araria. Apprehending arrest, the petitioner filed A.B.P. No.1154 of 2011 before the 1st Additional Sessions Judge, Araria. The same was dismissed on 2.11.2012. 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.

The only allegation against the petitioner is referable to Section 498A of the Indian Penal Code. Even if any part of the allegation against the petitioner is true, it does not warrant arrest of the petitioner. Hence, the application is allowed.

Patna High Court Cr.Misc. No.530 of 2013 (3) dt.01-04-2015 2/2 In the event of arrest, the petitioner is directed to be released on bail on furnishing bail-bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Araria, in connection with Complaint Case No.3605 of 2010, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(L. Narasimha Reddy,CJ) PNM U T