Patna High CourtCR. MISC./40066/2014bail granted

Md. Sanjir v. State Of Bihar And ANR

2015-01-16The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40066 of 2014 Arising Out of PS.Case No. -316 Year- 2001 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ====================================================== Md. Sanjir, Son of Md. Usman, Resident of Village - Rahaka Tola Shirniya, P.S. - Araria, District - Araria ....... Petitioner

Versus

1. The State of Bihar

2. Sahaj Khaton D/o Md. Salim Mohalla - Bajipur, Ward No. 3, P.S. - Khagaria, District -Khagaria .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Kishor Poddar For the Opposite Party/s : Mr. R.P.S.Singh, 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 9.3.2014. The petitioner filed Bail Petition No.862 of 2014 in the court of Sessions Judge, Khagaria and the same was dismissed on 2.9.2014. 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

Patna High Court Cr.Misc. No.40066 of 2014 (2) dt.16-01-2015 2/2 warranted.

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, Khagaria in connection with Complaint Case No.316c/2001. (L. Narasimha Reddy,CJ) mrl U T