IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.21650 of 2010
SHIV SHYAM PRASAD KASERA
Versus
STATE OF BIHAR
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2 29.06.2010 Heard learned counsel appearing on behalf
of the petitioner and learned counsel appearing
on behalf of the State.
The petitioner is in custody in
connection with Bihiya P.S. No. 234 of 2009
(District-Bhojpur) (G.R. No. 4302/09, T.R. No.
2617 of 2010) for offences punishable under
Sections 498(A) of the Indian Penal Code and
3/4 of the Dowry Prohibition Act.
Learned counsel for the petitioner with
reference to an application filed by this
petitioner under section 9 of the Hindu
Marriage Act for restitution of the conjugal
rights giving rise to Maintenance Case No. 70
of 2008 (Annexure-2) submits that it is one
year thereafter that the informant i.e. his
wife, has chosen to institute this present case
on 25.12.2009. Learned counsel with reference
to the impugned order submits that even at that
stage the petitioner had offered to keep the
informant with due care and dignity but she
refused to go to her matrimonial home.
2
Considering the circumstances and the
submissions of learned counsel for the
petitioner, let the petitioner namely, Shiv
Shyam Prasad Kasera be released on bail on
furnishing bail bonds of Rs. 10,000/- with two
sureties of the like amount to the satisfaction
of learned Sub-Divisional Judicial Magistrate,
Bhojpur at Arrah in connection with Bihiya P.S.
case No. 234 of 2009 (District Bhojpur) (G.R.
No. 4302/09, T.R.No.2617 of 2010).
Bibhash ( Jyoti Saran, J.)