Dharmraj Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43093 of 2014 Arising Out of PS.Case No. -111 Year- 2014 Thana -GARKHA District- SARAN ====================================================== Dharmraj Mishra, son of Late Rajendra Mishra, R/O Ismailpur Gadhwal Tola, P.S.-Garkha, District-Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, 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 been arrested and is in prison since 15.6.2014.

The petitioner filed Bail Petition No.1129 of 2014 in the court of 5th Ad hoc Additional Sessions Judge, Saran at Chapra and the same was dismissed on 26.7.2014. 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. Hence, the petition is allowed. The petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten

Patna High Court Cr.Misc. No.43093 of 2014 (2) dt.27-01-2015 2/2 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in connection with Garkha P.S. Case No.111 of 2014. (L. Narasimha Reddy,CJ) PNM U T