Lalbabu Prasad v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42477 of 2014 Arising Out of PS.Case No. -362 Year- 2014 Thana -TURKAULIYA District- EAST CHAMPARAN(MOTIHARI) ====================================================== Lalbabu Prasad, S/o Kishun Sah of Village - Madhopur Madumalat, Committee Chowk, P.S. - Turkaulia, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rina Devi, D/o Anant Prasad, W/o Lalbabu Prasad, residing at Village - Turkaulia Bazar, P.S. - Turkaulia, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Ajay Kumar No.1,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 surrendered and is in prison since 1.8.2014.

The petitioner filed Bail Petition No.873 of 2014 in the court of 4th Additional Sessions Judge, East Champaran, Motihari and the same was dismissed on 11.9.2014. 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.

Patna High Court Cr.Misc. No.42477 of 2014 (2) dt.27-01-2015 2/2 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, East Champaran, in connection with Turkaulia P.S. Case No.362 of 2014.

(L. Narasimha Reddy,CJ) PNM U T