Ramesh Chaurasiya v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29747 of 2014 Arising Out of PS.Case No. -1052 Year- 2011 Thana -ROHTAS COMPLAINT CASE DistrictSASARAM (ROHTAS) ====================================================== Ramesh Chaurasiya Son of Shree Bhagwan Chourasia Resident of Village and P.O.-Akaruan, P.S.-Piro, District-Bhojpur. ....... Petitioner/s
Versus
1. The State of Bihar
2. Reema Devi Wife of Ramesh Chourasia, D/o Sudarshan Chourasi, Resident of Village-Lalganj Yadu Tola, P.S.-Nokha, District-Rohtas. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nil Kamal For the Opposite Party/s : Mr. Ashok Kr. Singh No.1,APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 02-07-2015 This application under Section 438 CrPC is filed with a prayer for grant of anticipatory bail to the petitioner who is an accused in relation to Complaint Case No. 1052/2011 (Tr. No.1769/2013) for the offence punishable under Sections 498A of the Indian Penal Code and under Section 3/4 of the Dowry Prohibition Act pending in the court of learned Sub Divisional Judicial Magistrate, Sasaram, Rohtas.
Apprehending his arrest, the petitioner filed ABP No.127/2014 in the court of the learned Sessions Judge, Rohtas, Sasaram. The same was rejected through order dated 22.5.2014. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.
The allegation against the petitioner is referable to
Patna High Court Cr.Misc. No.29747 of 2014 (3) dt.02-07-2015 2/2 Section 498A IPC. In the recent past, the Hon'ble Supreme Court held that arrest and continued detention, in cases registered under Section 498A IPC, is almost unwarranted. Therefore, it is not at all necessary to arrest an accused in a case of that nature.
Hence, this application is allowed. It is directed that in the event of his arrest, the petitioner, namely, Ramesh Chaurasiya shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Sasaram, Rohtas, in connection with Complaint Case No. 1052/2011, Tr. No. 1769/2013, subject to the conditions as laid down under Section 438(2) CrPC.
It is further directed that in case the complainantwife intends to join the petitioner, he shall be under obligation to take and maintain her. If the petitioner refuses to maintain her, the anticipatory bail shall stand cancelled.
(L. Narasimha Reddy,CJ) mrl U T