Bakauddin v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24519 of 2013 Arising Out of PS.Case No. -138 Year- 2012 Thana -DARBHANGA COMPLAINT CASE DistrictDARBHANGA ====================================================== Bakauddin, Son of Md. Naseem, Resident of Village- Mirzapur, Police Station- Bahera(Alinagar), District- Darbhanga .... .... Petitioner
Versus
1. The State of Bihar
2. Subaida Khatoon, Wife of Bakauddin, Resident of Village- Mirzapur, P.S.- Bahera (Alinagar), District- Darbhanga .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Girish Chandra Jha, Adv. Mr. Prashant, Adv.
For the Opposite Parties : Mr. A.L.Pandit(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 01-04-2015 The petitioner figured as an accused in Complaint Case No.138 of 2012, corresponding to Trial No.611 of 2012, registered for the offences punishable under Section-498A of I.P.C. and Section-3/4 of Dowry Prohibition Act.
Apprehending arrest, the petitioner filed A.B.P. No.75 of 2013, in the court of learned Sessions Judge, Darbhanga. The learned Judge rejected the application through order dated 6.5.2013. Hence, this application for grant of anticipatory bail under Section438 of Cr.P.C. Heard learned counsel for the petitioner and
Patna High Court Cr.Misc. No.24519 of 2013 (6) dt.01-04-2015 2/2 learned A.P.P. for the State.
Even if any part of the allegations against the petitioner is true, it does not warrant arrest of the petitioner. Hence, 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 Additional Chief Judicial Magistrate, Benipur, Darbhanga, in connection with Complaint Case No.138 of 2012, corresponding to Trial No.611 of 2012.
(L. Narasimha Reddy,CJ) K.C.jha/- U T