Deepak Kumar Jha @ Raju Jha vs The State Of Bihar on 2 July, 2015

[Cites 4, Cited by 7]

Patna High Court - Orders

Deepak Kumar Jha @ Raju Jha vs The State Of Bihar on 2 July, 2015

Bench: Chief Justice

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.47813 of 2014

                   Arising Out of PS.Case No. -2609 Year- 2013 Thana -KATIHAR COMPLAINT CASE District-
                                                       KATIHAR

                 ======================================================
                  Deepak Kumar Jha @ Raju Jha Son of Baidyanath Jha @ Bhola Jha
                 resident of Emergency Colony, Railway Quarter no.-505/E, P.S.- Katihar
                 Sahayak, District- Katihar

                                                                                .... ....   Petitioner/s
                                               Versus
                 1. The State of Bihar
                 2. Priyanka Jha W/o Deepak Jha @ Raju Jha, D/o Kumar Amrendra
                    Bahadur Jha R/v Daheriya, Old Jute Mills, PO Dahoriya Mill Distt.
                    Katihar

                                                      .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s           :    Mr. Mukesh Kumar Jha
                 For the Opposite Party/s       :    Mr. Anil Kr. Singh No.1, APP
                 ======================================================
                 CORAM: HONOURABLE THE CHIEF JUSTICE
                 ORAL ORDER


3   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. 2609/2013 for the offence punishable under Sections 498A of the IPC and Section 4 of the Dowry Prohibition Act pending in the court of the Sub Divisional Judicial Magistrate, Katihar.

Apprehending his arrest, the petitioner filed ABP No.569/2014 in the court of learned Sessions Judge, Katihar. The same was rejected through order dated 12.11.2014.

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

The allegation against the petitioner is referable to Patna High Court Cr.Misc. No.47813 of 2014 (3) dt.02-07-2015 2/2 Section 498A IPC. In the recent past, the Hon'ble Supreme Court held that arrest and continued detention, in cases registered under 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. It is directed that in the event of his arrest, the petitioner, namely, Deepak Kumar Jha @ Raju Jha 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, Katihar, in connection with Complaint Case No. 2609/2013, subject to the conditions as laid down under Section 438(2) CrPC.

It is further directed that in case the complainant- wife 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)

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Patna High Court - Orders