Rajiv Kumar Sinha @ Amitabh Sinha And ANR v. The State Of Maharashtra And ANR

Mhi 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1053 OF 2015 1.

Mr. Rajiv Kumar Sinha @ Amitabh Sinha ) 2.

Mrs. Urmila Sinha ).. Applicants vs.

1.

The State of Maharashtra ) 2.

The Senior Inspector of Police ).. Respondents Mr. S.K.Jha,Advocate,for the applicants.

Ms. P.P.Shinde, APP, for the State

CORAM:

SMT.SADHANA S.JADHAV,J.

DATE : 3rd August, 2015.

P.C.

Heard. This is an application filed by the applicant seeking transit bail in C.R.No.126 of 2015 registered against the applicants pursuant to an order passed under Section 156(3) of Cr.P.C. by the Judicial Magistrate, Motihari East Champaran, Bihar.

2.

It appears that the complainant namely Sucheeta Sinha i.e. wife of the applicant No.1 had filed the complaint before the Judicial Magistrate, First Cass, alleging therein that she got married to the applicant No.1 on 27.1.2003. She was given valuable gifts at the time of marriage.

Mhi 2 The couple is blessed with a daughter namely, Jahnavee who is aged 10 years and a son namely, Aayushman. It is further alleged that a discordant note is struck between the couple. Applicant No.1 stopped visiting the complainant. That she was assaulted by the members of her matrimonial family. She has levelled allegations under Sectons 498A, 494, 495, 323, 307, 504, 120B against the present applicant and others. The learned Magistrate had passed an order under Section 156(3) of Cr.P.C. 3.

The learned counsel for the applicant submits that the present applicants are residing at Mumbai, whereas the other co-accused have been granted interim protection by the Sessions Court at Motihari, East Champaran. In view of this, the applicants seek transit bail. 4.

Taking into consideration the facts of the case and that coaccused have been granted interim anticipatory bail, this Court is inclined to grant transit bail to the applicants.

O R D E R

(i) The application is allowed.

(ii) The applicants herein are protected for a period of four weeks in C.R.No.126 of 2015 to enable them to approach the appropriate Court at Champaran.

Mhi 3 (iii) In the event of their arrest, the applicants be enlarged on bail on each furnishing P.R.Bond in the sum of Rs.25,000/- with one or two sureties in the like amount.

(iv) It is made clear that the relief shall operate only till 3.9.2015. Application is allowed in the above terms and disposed of. (SMT.SADHANA S.JADHAV, J.)