Md. Naushad Alam v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33125 of 2014 Arising Out of PS.Case No. -86 Year- 2014 Thana -COMPLAINT CASE District- KISANGANJ ====================================================== Md. Naushad Alam, Son of Sattan Ali Bharti, Resident of VillageGamharia, P.S.-Tergagachh, District-Kishanganj ....... Petitioner

Versus

1. The State of Bihar

2. Dili Faroj Wife of Md. Naushad Alamd, At present residing at VillageLoucha, P.S.-Bahdurganj, District-Kishanganj .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Md.A.Haque Sahua, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 04-02-2015 The petitioner is an accused for offence punishable under Section 498-A of the Indian Penal Code. He has filed this application with a prayer for grant of anticipatory bail. The petitioner filed A.B.P.No. 161 of 2014 in the court of Sessions Judge, Purnea Camp at Kishanganj, and the same was dismissed on 12.6.2014. Hence, this application. The allegations against the petitioner are only referable to Section 498-A, IPC. In the recent past Hon'ble Supreme Court held that arrest and continued detention, in cases registered under Section 498-A, IPC is almost unwarranted. Therefore, arrest of the petitioner is not at all warranted. Hence, this application is allowed.

Patna High Court Cr.Misc. No.33125 of 2014 (2) dt.04-02-2015 2/2 It is directed that in the event of arrest, the petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Kishanganj, in connection with Complaint Case No. 86-C/2014. (L. Narasimha Reddy,CJ) mrl U T