Saket Kumar Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18863 of 2014 Arising Out of PS.Case No. -121 Year- 2011 Thana -KARJA District- MUZAFFARPUR ======================================================
1. Saket Kumar Rai Son of Nageshwar Rai Resident of Village - Repura, P.S.- Karja, District - Muzaffarpur .... .... Petitioner/s
Versus
1. The State of Bihar
2. Manju Devi, wife of Upendra Thakur, village- Arara, P.S.- Kanti, District- Muzaffarpur.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhakar Jha, Adv. For the Opposite Party/s : Mr. Umeshanand Pandit (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Kajra P.S. Case No.121 of 2011, 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.511/2014 in the court of learned Sessions Judge, Muzaffarpur. The learned Judge rejected the application through order dated 27.3.2014. 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.18863 of 2014 (4) 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 15.5.2014, 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