Patna High CourtCR. MISC./52003/2014bail granted

Sandesh Kumar Sundar v. State Of Bihar And ANR

2015-07-02The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52003 of 2014 Arising Out of PS.Case No. -2324 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Sandesh Kumar Sundar Son of Ram Vilash Baitha Resident of Mohalla - Barbatta Chowk, Dhobi Gali, P.S. Sonepur, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Minakshi Kumari w/o Sandesh Kumar Sundar, D/o Laxman Chaudhary At present Resident of Mohalla Rambag Road, Dhobi Gali, P.O. Head Post Office, P.S. Mithanpura, District Muzaffarpur. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Chandra Gandhi For the Opposite Party/s : Mr. Satyendra Nr. Singh(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. 2324/2013 for the offences punishable under Sections 498A, 323, 504 IPC read with Section 4 of the Dowry Prohibition Act in the court of the Chief Judicial Magistrate, Muzaffarpur.

Apprehending his arrest, the petitioner filed ABP No.1200/2014 in the court of learned Sessions Judge, Muzaffarpur. The same was rejected through order dated 24.11.2014.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.

Patna High Court Cr.Misc. No.52003 of 2014 (5) dt.02-07-2015 2/2 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 Section 498-A 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, Sandesh Kumar Sundar 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, Muzaffarpur, in connection with Complaint Case No. 2324/2013, 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