Mohammad Mokhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42506 of 2014 Arising Out of PS.Case No. -300 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ====================================================== Mohammad Mokhtar, Son of Mohammad Nasir, resident of village - Mohmmadpur Badal, Police Station - Sakra, District- Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Kailash Nath Diwakar, Advocate For the Opposite Party : Mr. Md. Sufiyan, APP For the Informant : Mr. Satya Nand Sukla, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 27-01-2015 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 12.7.2014. The petitioner filed Bail Petition No.843 of 2014 in the court of 3rd Additional Sessions Judge, Muzaffarpur and the same was dismissed on 16.9.2014. Hence, this application. 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 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

Patna High Court Cr.Misc. No.42506 of 2014 (2) dt.27-01-2015 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur, in connection with Sakra P.S. Case No.300 of 2014. (L. Narasimha Reddy,CJ) PNM U T