Vikky Mandal v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46800 of 2014 Arising Out of PS.Case No. -67 Year- 2012 Thana -PARBATTA District- BHAGALPUR ====================================================== Vikky Mandal, son of Vidya Sagar Mandal, resident of village - Jamni, P.S. Jagdishpur, District - Bhagalpur .... .... Petitioner

Versus

1. The State of Bihar

2. Kiran Devi, w/o Vikky Mandal, D/o Shankar Mandal, presently residing at village - Botal Tola, Sahu Parbatta, P.S. Parbatta, District - Bhagalpur .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manoj Kumar Jha, Adv For the Opposite Parties : Mr. Md. Aslam Ansari (App) ====================================================== 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 10.10.2013. The petitioner filed Bail Petition No.927 of 2014 in the court of learned 1st Additional Sessions Judge, Bhagalpur, and the same was dismissed on 22.09.2014. 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.46800 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 Sub-Divisional Judicial Magistrate, Naugachia, in connection with Parbatta P.S. Case No.67/2012, corresponding to G.R. No.979/2012.

(L. Narasimha Reddy,CJ) K.C.jha/- U