Patna High CourtCR. MISC./25246/2015bail granted

Pritam Jaiswal v. State Of Bihar And ANR

2015-07-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25246 of 2015 Arising Out of PS.Case No. -1075 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ======================================================

1. Pritam Jaiswal, son of Sri Udai Narayan Choudhary, R/o VillageTangra, P.S.- Belhar, District- Banka .... .... Petitioner/s

Versus

1. The State of Bihar

2. Khushboo Kumari, wife of Sri Pritam Jaiswal and D/o Arbind Choudhary, R/o Vishal Market Sharda Nagar Bhanu Bus Stand near N.H. 31 (East), P.S.- K. Hat Purnea District-Purnea and R/o VillageThengra Belhar, P.S. Belhar District-Banka. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mithilesh Kumar Upadhyay, Advocate For the Opposite Party/s : Mr. Ajay Kumar No.1 (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 09-07-2015 The petitioner figured as accused in Complaint Case No.1075 of 2014 wherein the offence punishable under Section 498A of the Indian Penal Code is alleged. Apprehending his arrest, the petitioner filed ABP No.340 of 2015 before the Court of Sessions Judge, Purnea. The same was rejected through order dated 20.03.2015. Hence, this application for grant of anticipatory bail under Section 438 Cr. P.C.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The allegation against the petitioner is referable to Section 498A IPC. In the recent past, the Hon'ble Supreme Court held that arrest and continued detention, in cases registered under

Patna High Court Cr.Misc. No.25246 of 2015 (2) dt.09-07-2015 2/2 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. In the event of arrest, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Purnea in connection with Complaint Case No.1075 of 2014, subject to the conditions as laid down under Section 438(2) Cr. P.C..

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) Sunil/- U T