N.S.HEGDE, B.P.SINGH
Bharat Chaudhary – Appellant
Versus
State Of Bihar – Respondent
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JUDGMENT
Santosh Hegde, J.-Heard learned counsel for the parties.
Leave granted.
2. Appellants in this case are husband and wife and were accused by their daughter-in-law of offences punishable under Sections 504, 498A and 406 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Their application, filed under Section 438 of the Crl.P.C. for grant of anticipatory bail has been rejected by the High Court of Judicature at Patna. The said order is under challenge in this Appeal. When this matter came up for preliminary hearing of 19th May, 2003, we issued notice to the respondens and also made an interim order not to arrest the appellants in the meantime. Today after hearing the parties on facts, we are inclined to grant anticipatory bail to the appellants.
3. Shri B.B. Singh, learned counsel appearing for the respondent-State, however, raised a legal objection. His contention was that since the Court of first instance has taken cognizance of the offence in question, Section 438 of the Crl.P.C. cannot be used for granting anticipatory bail even by this Court and the only remedy available to the appellants is to approach the trial court and surrender, thereafter apply for
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