Patna High CourtCR. MISC./9061/2014bail granted

Vijay Tiwary v. The State Of Bihar

2015-04-13The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9061 of 2014 Arising Out of PS.Case No. -2315 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ======================================================

1. Vijay Tiwary Son Of Late Baban Tiwary Resident Of Village-Sirni Naika Tola, P.S.-Malahi, District-East Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Sandhya Devi, Daughter of Bahadur Pandey, resident of villageBhatwaliya, P.S.- Sangrampur, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Hirday Pd. Singh (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Trial No.2776/2013 arising out of Complaint Case No.C 2315 of 2012, 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.2027 of 2013 in the court of learned Sessions Judge, East Champaran. The learned Judge rejected the application through order dated 31.1.2014. 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

Patna High Court Cr.Misc. No.9061 of 2014 (4) dt.13-04-2015 2/2 or the law laid down by the Supreme Court in the recent past, 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.

The order dated 29.4.2014, granting provisional anticipatory bail to the petitioner shall be treated as one granting anticipatory bail 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