Patna High CourtCR. MISC./42787/2014bail granted

Sikandra Agaria v. State Of Bihar And ANR

2015-01-27The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42787 of 2014 Arising Out of PS.Case No. -21 Year- 2014 Thana -ADHAURA District- BHABHUA (KAIMUR) ====================================================== Sikandra Agaria, Son of Mahendra Agaria @ Ramadhar Agaria, Resident of Village - Bahera, P.S.- Adhoura, District - Kaimur (Bhabhua) .... .... Petitioner

Versus

1. The State of Bihar

2. Rina Devi, Wife of Sikandra Agaria, Daughter of Kameshwar Agaria, At present Resident of Village - Chafana, P.S.- Adhoura, District -Kaimur (Bahbua) .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Kumar Sunil, Advocate For the Opposite Party : Mr. Md.Nazir Ansari, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 27-01-2015 The petitioner is being tried for offence punishable under Section 498-A and other allied sections of the Indian Penal Code. The petitioner has been arrested and is in prison since 18.6.2014.

The petitioner filed Bail Petition No.372/387 of 2014 in the court of Additional Sessions Judge1st, Kaimur at Bhabhua and the same was dismissed on 9.9.2014. Hence, this application. It is brought to the notice of this Court that chargesheet has already been filed in this case and investigation is complete. The allegations against the petitioner are only referable to Section 498-A, I.P.C. In the recent past Hon'ble Supreme Court held that arrest and continued detention, in cases registered under

Patna High Court Cr.Misc. No.42787 of 2014 (2) dt.27-01-2015 2/2 Section 498-A, I.P.C. is almost unwarranted. 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 Additional Chief Judicial Magistrate, Kaimur (Bhabua), in connection with Adhoura P.S. Case No.21 of 2014. (L. Narasimha Reddy,CJ) PNM U T