Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46051 of 2014 Arising Out of PS.Case No. -126 Year- 2014 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Krishna Kumar, Son of Prahlad Mahto, Resident of village - Sataha Kachhari Tola, P.S. Paharpur, District - East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Virendra Kuar, Adv. For the Opposite Party : Mr. Tarun Pd.Mandal(App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 27-01-2015 The petitioner is being tried for offence punishable under Section 498A and allied Sections of I.P.C. The petitioner has been arrested and is in prison since 22.7.2014.

The petitioner filed Bail Petition No.923 of 2014 in the court of learned 2nd Additional Sessions Judge, East Champaran, Motihari, and the same was dismissed on 18.10.2014. Hence, this application.

The prime allegation against the petitioner is 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

Patna High Court Cr.Misc. No.46051 of 2014 (2) dt.27-01-2015 2/2 petitioner is not at all warranted.

Hence, the petition is allowed. The petitioner shall be released on bail on furnishing bail bonds of Rs.10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Rajak, J.M. 1st Class, Sadar, Motihari, in connection with Paharpur P.S. Case No.126/2014.

(L. Narasimha Reddy,CJ) K.C.jha/- U