Jay Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45611 of 2014 Arising Out of PS.Case No. -16 Year- 2014 Thana -DUMRIAGHAT DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jay Prakash Sah, Son of Pundeo Sah, R/o Village Sarotar, P.S. Dumaria Ghat, District East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ajay Kumar Singh, Adv. For the Opposite Party : Mr. M.Dayal(App) Mr. Anil Kumar, Adv.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 27-01-2015 The petitioner is being tried for offence punishable under Section 498A and allied Sections of I.P.C. and Section 4 of the D.P. Act. The petitioner has been arrested and is in prison since 27.8.2014. The petitioner filed Bail Petition No.1205 of 2014 in the court of learned 3rd Additional Sessions Judge, Motihari, East Champaran, and the same was dismissed on 9.10.2014. Hence, this application.

The prime allegation against the petitioner is 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

Patna High Court Cr.Misc. No.45611 of 2014 (2) dt.27-01-2015 2/2 petitioner is not at all warranted.

Hence, the petition is allowed. The petitioner shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East Champaran, in connection with Dumariyaghat P.S. Case No.16/2014. (L. Narasimha Reddy,CJ) K.C.jha/- U