Ashirvad Mukhiya v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39889 of 2014 Arising Out of PS.Case No. -290 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashirvad Mukhiya Son of Late Brahmdev Mukhiya, Resident of Village - Gokhula, P.S. - Banjariya, District - East Champaran .... .... Petitioner

Versus

1. The State of Bihar

2. Sakuran Devi @ Sampurna Devi, Wife of Ashirvad Mukhiya, Presently residing Madhubani Ghat, P.S. - Motihari Muffassil, District - East Champaran .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Ashok Kumar, 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 20.6.2014. The petitioner filed Bail Petition No. 538 of 2014 in the court of 4th Additional Sessions Judge, Motihari and the same was dismissed on 14.8.2014. 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.

Patna High Court Cr.Misc. No.39889 of 2014 (2) dt.16-01-2015 2/2 Therefore, further detention of the petitioner is not at all warranted.

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 the Chief Judicial Magistrate, Motihari, in connection with Turkauliya PS Case No. 290 of 2014. (L. Narasimha Reddy,CJ) mrl U T