IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1621  OF 2008 [Arising out of SLP(Crl.)No.4702 of 2007]

ABHAY KUMAR                                       Appellant(s)

                     VERSUS

STATE OF BIHAR & ANR.                            Respondent(s)O R D E R

Leave granted.

This  appeal  is  directed  against  the  rejection  of  the  appellant's  prayer  for  

grant of anticipatory bail in connection with Complaint Case No.2611/2004 pending  

before the Chief Judicial Magistrate, East Champaran, Motihari.  

It appears that of the six accused in the above   case, five have already been  

granted anticipatory bail by the trial court as well as the  High Court.  The exception is  

the appellant, whose application for grant of anticipatory bail was rejected by the High  

Court  supposedly  on  the  ground  of  deterioration  of  the  relationship  between  the  

spouses.

In our view, that is no ground for refusing to grant anticipatory bail to the  

appellant, since all the accused were similarly placed.

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In  such  circumstances,  we  allow  the  appeal  and  direct  the  appellant  to

surrender before the trial court, which shall thereupon release the appellant on bail to  

its satisfaction.

The appeal is disposed of.

.......................J (ALTAMAS KABIR)

......................J (MARKANDEY KATJU)

New Delhi; October 16,  2008.