Vinay Kumar @ Vinay Kumar Rai v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40108 of 2014 Arising Out of PS.Case No. -453 Year- 2013 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Vinay Kumar @ Vinay Kumar Rai, Son of Ram Lalit Rai, Resident of Village - Mahua Singhrai, P.O. + P.S. - Mahua and District - Vaishali ....... Petitioner

Versus

1. The State of Bihar

2. Madhuri Kumari W/o Vinay Kumar, D/o Rampukar Rai, Resident of Village - Dirdipul, P.S. - Patori, District - Samastipur .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan Sinha For the Opposite Party/s : Mr. Md. A.Haque Sahau, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 16-01-2015 The petitioner is being tried for offence punishable under Section 498-A of the Indian Penal Code. The petitioner has been arrested and is in prison since 2.5.2014. The petitioner filed Bail Petition No.783 of 2014 in the court of District & Sessions Judge, Vaishali at Hajipur and the same was dismissed on 4.9.2014. Hence, this application. The allegations against the petitioner are only referable to Section 498-A, IPC. In the recent past Hon'ble Supreme Court held that arrest and continued detention, in cases registered under Section 498-A, IPC is almost unwarranted. Therefore, further detention of the petitioner is not at all warranted.

Patna High Court Cr.Misc. No.40108 of 2014 (2) dt.16-01-2015 2/2 Hence, the petition is allowed. The petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Vaishali at Hajipur, in connection with Mahua PS Case No. 453/2013. (L. Narasimha Reddy,CJ) mrl U T