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
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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.)