Patna High CourtCR. MISC./33148/2014bail granted

Tarun Kumar @ Tarun Prasad v. State Of Bihar And ANR

2015-02-04The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33148 of 2014 Arising Out of PS.Case No. -3539 Year- 2010 Thana -SARAN COMPLAINT CASE DistrictSARAN ====================================================== Tarun Kumar @ Tarun Prasad Son of Sri Ganesh Prasad, Resident of Village - Dholahi Kaithal, P.S. - Amnour, District - Saran at Chapra .... .... Petitioner

Versus

1. The State of Bihar

2. Sangeeta Devi W/o Tarun Kumar @ Tarun Prasad, D/o Jaleshar Prasad Resident of Village - Dholahi Kaithal, P.S. - Amnour, District Saran at Chapra, At present residing at Village Hematpur, Near Petrol Pump, P.S. - Dighwara, District - Saran at Chapra .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Jeetendra Narayan For the Opposite Part/s : Mr. Gajendra Pd.Yadav, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioner is an accused for offence punishable under Section 498-A of the Indian Penal Code. He has filed this application with a prayer for grant of anticipatory bail. The petitioner filed A.B.P.No.

of 2014(4230/14)/Tr. No. 1781 of 2014 in the court of Sessions Judge, Saran at Chapra, and the same was dismissed on 28.6.2014. Hence, this application.

The allegations against the petitioner are only referable to Section 498-A, IPC. In the recent past Hon'ble

Patna High Court Cr.Misc. No.33148 of 2014 (2) dt.04-02-2015 2/2 Supreme Court held that arrest and continued detention, in cases registered under Section 498-A, IPC is almost unwarranted. Therefore, arrest of the petitioner is not at all warranted. Hence, this application is allowed.

It is directed that in the event of arrest, the petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Saran at Chapra, in connection with Complaint Case No. 3539 of 2010 (Tr. No. 1781 of 2014).

(L. Narasimha Reddy,CJ) mrl U T