Ashok Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45917 of 2014 Arising Out of PS.Case No. -145 Year- 2014 Thana -RAJAULI District- NAWADA ====================================================== Ashok Sao, son of Sri Harihar Sao, resident of Village - Mahsai, Manjhla, P.S. Rajauli, District - Nawada.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajeev Nayan, Adv. For the Opposite Party : Mr. Sanjay Kr. Singh(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. The petitioner has been arrested and is in prison since 9.8.2014.

The petitioner filed Bail Petition No.770 of 2014 in the court of learned In-Charge District and Sessions Judge, Nawada and the same was dismissed on 1.11.2014. 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 petitioner is not at all warranted.

Patna High Court Cr.Misc. No.45917 of 2014 (2) dt.27-01-2015 2/2 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, Nawada, in connection with Rajauli P.S. Case No.145 of 2014, G.R. No.1989/14.

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