Jageshwar Tanti v. State of Bihar (SC) BS195539

Jageshwar Tanti v. State of Bihar (SC) BS195539 SUPREME COURT OF INDIA

Before:- P. Venkatarama Reddi and P.P. Naolekar, JJ.

Criminal Appeal No. 51 of 2005. D/d. 10.1.2005.

Jageshwar Tanti - Appellant

Versus

State of Bihar - Respondent

NOTE

Section 438 Criminal Procedure Code - Sections 323/498-A Indian Penal Code- Petitioner brother of husband. Separate residence. Anticipatory bail allowed.

Criminal Procedure Code, 1973, Section 438 - Anticipatory bail - Grant of - Offence under section 323 and 498A Indian Penal Code - Allegations in complaint were against the husband who was in jail - Petitioner brother of victims, husband was not living together with the accused husband for long time - Order of High Court rejecting bail on premises that main allegations were against petitioner set aside - Anticipatory bail granted subject to conditions under Section 438(2) Criminal Procedure Code.

[Para ]

ORDER

P. Venkatarama Reddi, J. - Delay condoned.

2. Leave granted.

3. The anticipatory bail petition has been rejected by the High Court on the premise that the main allegations giving rise to the offence under sections 323 and 498A Indian Penal Code are against the brother of the husband i.e. the petitioner herein. However, having perused the complaint lodged by the informant with the police according to which the main allegations are against the husband who is in jail and considering the uncontroverted allegation that the petitioner and the accused husband, have not been living together for a long time, we consider it a fit case to grant anticipatory bail. Accordingly, the anticipatory bail is granted subject to the conditions as laid down in Section 438(2) Criminal Procedure Code. We shall not be understood to have expressed any view on the merits of the case.

4. The appeal is disposed of accordingly.

Appeal disposed of.