Sonu Kumar Rai v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40658 of 2014 Arising Out of PS.Case No. -63 Year- 2014 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ====================================================== Sonu Kumar Rai, son of Chanderdeo Rai, resident of village- Panchpairiya, P.S.- Raghopur, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Makhan Kumar Rai, son of Late Madan Rai, resident of village Jurawanpur, P.S.- Jurawanpur, District- Vaishali. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh, Adv. For the Opposite Party/s : Mr. Veena Kumari Jaiswal (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Raghopur (Rustampur O.P.) P.S. Case No. 63/2014, 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. 1316/2014 in the court of learned Sessions Judge, Vaishali at Hajipur. The learned Judge rejected the application through order dated 27.8.2014. 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
Patna High Court Cr.Misc. No.40658 of 2014 (3) dt.13-04-2015 2/2 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.
In the event of arrest, the petitioner is directed to be released on bail upon furnishing the bailbond of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Raghopur (Rustampur O.P.) P.S. Case No. 63/2014, 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