Shambhu Bahardar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40248 of 2014 Arising Out of Case No. -32 Year- 2014 Thana -RAUTA District- PURNIA ====================================================== Shambhu Bahardar, son of Chitlal Bahardar, resident of Village Belwa, PS Araria, Distt. Araria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Baleshwar Kamat For the Opposite Party/s : Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 16-01-2015 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 30.5.2014. The petitioner filed Bail Petition No.478 of 2014 in the court of Adhoc Additional Sessions Judge VIII, Purnia and the same was dismissed on 25.8.2014. Hence, this application. The allegations against the petitioner are only referable to Section 498-A, IPC. In the recent past Hon'ble Supreme Court held that arrest and continued detention, in cases registered under Section 498-A, IPC is almost unwarranted. Therefore, further detention of the petitioner is not at all warranted.

Hence, the petition is allowed. The petitioner shall

Patna High Court Cr.Misc. No.40248 of 2014 (2) dt.16-01-2015 2/2 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 the Chief Judicial Magistrate, Purnia in connection with Routa PS Case No. 32 of 2014. (L. Narasimha Reddy,CJ) mrl U T