High Court Patna High Court - Orders

Ram Bilash Singh @ Ram Bilash … vs The State Of Bihar on 6 April, 2011

Patna High Court – Orders
Ram Bilash Singh @ Ram Bilash … vs The State Of Bihar on 6 April, 2011
                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Cr.Misc. No.43039 of 2010
                       RAM BILASH SINGH @ RAM BILASH SHARMA
                                           Versus
                                  THE STATE OF BIHAR
                                          -----------

03. 06.04.2011 Heard learned counsel for the petitioner and the state.

Once petitioner was allowed bail till submission of the

charge sheet is now refused bail. Doubt can be there about

maintainability of the anticipatory bail, but under the circumstance

that no mind is applied by cognizance taking court or trial court

about constitution of the offence, this anticipatory bail petition is

held maintainable, because of the reason that basically informant’s

grievance is about her share in the property without any legal

right. Formally her husband has also been made accused in the

case. The act of the parties followed claim and counter-claim over

ancestral property rather share never can constitute an offence

under section 498A of the Indian Penal Code.

Having regard to the facts and circumstances of the case,

in the event of arrest or surrender within a period of one month

from the date of receipt/production of a copy of this order, the

above named petitioner 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 Judicial Magistrate, Ist

Class, Jehanabad in connection with Ghoshi P.S. Case No.57 of

2010, subject to conditions as laid down under section 438(2) of

the Cr. P. C.

Vikash                                           ( Mandhata Singh, J.)