Akhileshwar Upadhyaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49531 of 2012 ====================================================== Akhileshwar Upadhyaya, S/O Banshidhar Upadhaya, Resident of VillageBhisadih, Police Station- Piro, District- Bhojpur. .... .... Petitioner/s

Versus

The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Advocate For the Opposite Party/s : Ms. Asha Devi (APP) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 01-04-2015 The petitioner figured as an accused in Complaint Case No.1736(C) of 2010/Tr. No.2768 of 2011 pending in the court of S.D.J.M., Bhojpur at Ara.

Apprehending arrest, the petitioner filed A.B.P. No.1175 of 2012 before the Sessions Judge, Bhojpur at Ara. The same was dismissed on 26.11.2012. 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.

The only allegation against the petitioner is referable to Section 498A of the Indian Penal Code. Even if any part of the allegation against the petitioner is true, it does not warrant arrest of the petitioner. Hence, the application is allowed. In the event of arrest, the petitioner is directed to be

Patna High Court Cr.Misc. No.49531 of 2012 (4) dt.01-04-2015 2/2 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, Bhojpur at Ara, in connection with Complaint Case No.1736(C) of 2010/Tr. No.2768 of 2011, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (L. Narasimha Reddy,CJ) PNM U T