Binay Kumar Pathak v. The State Of Bihar

Patna High Court Cr.Misc. No.4497 of 2015 (2) dt.03-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4497 of 2015 Arising Out of PS.Case No. -26803 Year- 2014 Thana -PATNA COMPLAINT CASE DistrictPATNA ======================================================

1. Binay Kumar Pathak Son of Niranjan Pathak Resident of Village Murraha, Police Station Hasanur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brajesh Kumar Singh For the Opposite Party/s Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 03.02.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner being husband of the complainant is in jail custody since 5.11.2014 in a case registered under section 498A of the IPC and 4 of the D.P.Act.

The contention on behalf of the petitioner is that much prior to filing of complaint case, petitioner filed a case for restitution of his conjugal right and as the complainant was not ready to go with the petitioner, she lodged the present case with an intention to pressurize the petitioner.

Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, keeping in mind the period of detention of the petitioner in jail custody, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Sub

Patna High Court Cr.Misc. No.4497 of 2015 (2) dt.03-02-2015 divisional Judicial Magistrate, Patna in Complaint Case No. 26803 C/ 2014.

shahid (Hemant Kumar Srivastava,J) U T