Pappu Sao v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42513 of 2014 Arising Out of PS.Case No. -11 Year- 2014 Thana -MAHILA PS District- GAYA ====================================================== Pappu Sao, Son of Basudev Sao, resident of village - Bhila Bigha, P.S. - Magadh University (Bodh Gaya), at District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pooja Kumari, W/o Pappu Sao, and D/o Narayan Sao, resident of the village - Ettahadih, Tola - Purnadih, P.S. - Fatehpur, at District- Gaya. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner : Mr. Ajay Kumar Sinha, Advocate For the Opposite Party : Mr. Pramod Kr.Panday, 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 surrendered and is in prison since 19.5.2014.

The petitioner filed Bail Petition No.211 of 2014/1245 of 2014 in the court of Ad hoc A.D.J.-IInd, Gaya and the same was dismissed on 26.8.2014. 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.

Patna High Court Cr.Misc. No.42513 of 2014 (2) dt.27-01-2015 2/2 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 Smt. Pratibha Singh, Judicial Magistrate, Ist Class at Gaya, in connection with Mahila P.S. Case No.11 of 2014. (L. Narasimha Reddy,CJ) PNM U T