Promod Thakur v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.42921 of 2014 (3) dt.13-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42921 of 2014 Arising Out of PS.Case No. -103 Year- 2014 Thana -MAHILA P.S. District- BHOJPUR ======================================================

1. Promod Thakur, s/o- Padam Thakur Village-Gopalpur,P.O-Shahpur, P.S.- Shahpur, District-Bhojpur(Ara).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Rinku Devi D/O Mahendra Thakur at presently residing at villageDhangawan P.O-Tarai, P.S.-Tarai, District-Bhojpur (Ara) .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dharmendra Kumar Sinha, Adv. For the Opposite Party/s : Mr. Ashok Kr.Singh(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 13-04-2015 The petitioner figured as accused in Bhojpur Mahila P.S. Case No.103/2014, 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. 1081/14 in the court of learned Sessions Judge, Bhojpur, Ara. The learned Judge rejected the application through order dated 22.8.2014. 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

Patna High Court Cr.Misc. No.42921 of 2014 (3) dt.13-04-2015 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.

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 S.D.J.M., Arra in connection with Bhojpur Mahila P.S. Case No.103/14, 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