IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. REV. No.350 of 2010
Amerika Mahto
Versus
State Of Bihar & Anr
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3. 25.07.2011 I. A. No. 2410 of 2010.
This application has been filed to
release the petitioner from custody in Misc.
Case No. 54 of 2008.
It is submitted that due to non-
compliance of the order dated 21.12.2009 passed
by learned Principal Judge, Family Court,
Aurangabad, the distress warrant was issued
against the petitioner and he was arrested on
25.9.2010 and since then he has been in
custody. It is further submitted that according
to provision contained in Section 125 (3)
Cr.P.C., the maximum period for custody for one
violation is one month and the petitioner has
been in illegal detention.
Learned A.P.P. for the State could
not controvert the contention of learned
counsel for the petitioner while opposing the
prayer.
Opposite party no. 2 has already
appeared through vakalatnama.
Considering the facts and
2
circumstances, the petitioner, namely, Amerika
Mahto is directed to be released on bail on
furnishing personal bond of Rs.5000/- (five
thousand only) to the satisfaction of learned
Principal Judge, Family Court, Aurangabad in
Misc Case No. 54 of 2008.
I. A. No. 2410 of 2010 stands
disposed of.
Let this order be communicated
through fax to the court below at the cost of
the petitioner, as prayed for.
Kanchan (Amaresh Kumar Lal, J.)