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Gross injustice of a sustenance of Section 498A – Bail Granted

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37834 of 2014

Arising Out of PS.Case No. -1973 Year- 2009 Thana -PATNA COMPLAINT CASE District-

Amrit Anand @ Chhotu, son of Panchanand Ojha, proprietor of Mohalla – Ashok Nagar, Near Dwarika Chowk, Kankarbagh, District Patna, currently staying during Kusum Vihar, Colony Saraidhela, P.S. Saraidhela, District Dhanbad. …. …. Petitioner/s

Versus

The State of Bihar.

Appearance :

For a Petitioner/s : Mr. Abhinay Raj, Advocate,  Mr. Alok Kumar Rahi, Advocate

For a State : Mr. Gopesh Kumar, A.P.P.

CORAM: HONOURABLE THE CHIEF JUSTICE

ORAL ORDER

2 14-01-2015

The postulant is being attempted on a censure submitted by his mother alleging corruption punishable underneath Section 498A of a Indian Penal Code.

The usually claim opposite a postulant is that he demanded certain amount. No earthy acts whatever were attributed to him.

B.P.No.18845 of 2014 was filed by a postulant before a Additional Sessions Judge-VI, Patna that was discharged on 22.08.2014.

Heard Sri Abhinay Raj, schooled warn for a petitioner, Sri Gopesh Kumar, schooled A.P.P. for a State and Sri Arvind Kumar Pandey, schooled warn for a complainant.

This is an instance of sum injustice of a sustenance of Section 498A of a Indian Penal Code. Obviously by holding note of a debility of a claim opposite a petitioner, a hearing Court postulated anticipatory bail. That, however, was removed usually on a belligerent that counselling between a postulant and his mother failed. The schooled 6th Additional Sessions Judge was so unresponsive that he did not even discuss a justification for gripping a postulant in jail and has only put a sign of capitulation on a termination of bond and putting a postulant behind a bar.

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Hence, this focus is allowed. The postulant is destined to be expelled on bail on furnishing bail bond of Rs.10,000/- (Rupees 10 thousand) with dual sureties of a like volume any to a compensation of schooled Sub-Divisional Judicial Magistrate, Patna in tie with Complaint Case No.1973(C) of 2009.

(L. Narasimha Reddy, CJ)

Sunil/-

 

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