Patna High CourtCR. MISC./42020/2014bail granted

Hari Shankar Prasad @ Hari Shankar Kumar v. State Of Bihar And ANR

2015-01-27The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42020 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -MAHILA P.S. District- SITAMARHI ====================================================== Hari Shankar Prasad @ Hari Shankar Kumar, S/o Late Vishwanath Prasad @ Vishwanath Prasad Gupta, resident of Ringbandh, Ganinath Govind, Bypass Road, Sitamarhi, Police Station and Distt. - Sitamarhi. .... .... Petitioner

Versus

1. The State of Bihar.

2. Bibha Devi,wife of Hari Shankar Prasad @ Hari Shankar Kumar, resident of Ringbandh, Ganinath Govind, Bypass Road, Sitamarhi, Police Station and Distt. - Sitamarhi.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Ravi Shanker Pankaj, Advocate For the S t a t e : Mr. Nityanand Tiwary,APP For the informant : Mr. Ashok Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 27-01-2015 The petitioner is facing trial for the offence punishable under Section 498A of the Indian Penal Code. He has been arrested on 17.7.2014. The investigation is said to have been completed. Bail Petition No.847 of 2014/636 of 2014 filed by him in the court of 1st Additional Sessions Judge, Sitamarhi was dismissed on 17.9.2014. Hence this petition.

Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State as well as the informant. The allegations against the petitioner are only referable to Section 498A, I.P.C. In view of the recent pronouncement of the Supreme Court, it is not at all advisable to keep the accused

Patna High Court Cr.Misc. No.42020 of 2014 (2) dt.27-01-2015 2/2 under arrest for such a long time. Therefore, further detention of the petitioner is not at all 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, Sadar, Sitamarhi, in connection with Sitamarhi (Mahila) P.S. Case No.11 of 2014.

(L. Narasimha Reddy,CJ) PNM U T