Patna High CourtCR. MISC./18823/2014bail granted

Prahlad Saw v. The State Of Bihar

2015-04-13The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18823 of 2014 Arising Out of PS.Case No. -676 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Prahlad Saw Son of Hira Lal Saw Resident of Village - Haura, P.S.- Manpur, Distt- Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. Sabita Devi, daughter of Sri Raj Kumar Saw, resident of Mohalla Dayachak, P.O.- Barh R.S., P.S.- Barh, District- Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Kumar, Adv. For the Opposite Party/s : Mr. Kanhaiya Kishore (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Complaint Case No.676-C of 2012, registered on the basis of a complaint submitted by the wife of the petitioner alleging offences including one punishable under Section498A of I.P.C. Apprehending arrest, the petitioner filed A.B.P. No.2798/2013 in the court of learned Sessions Judge, Patna. The learned Judge rejected the application through order dated 26.2.2014. 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 or the law laid down by the Supreme Court in the recent

Patna High Court Cr.Misc. No.18823 of 2014 (3) dt.13-04-2015 2/2 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 1.5.2014, 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