IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ No.941 of 2011
Phanindra Kumar
Versus
The State of Bihar & Ors
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2 20.09.2011 Heard learned counsel for the petitioner and learned
Advocate General for the State.
Issue notice to respondent No. 3 by ordinary process and
registered post with A/D for which requisite, etc., must be filed within
one week.
By this writ petition, petitioner seeks his release from
judicial custody where he has been remanded on 13.6.2011 by the
Principal Judge, Family Court, Nalanda at Biharsharif in
Miscellaneous Case No. 19 of 2008 allegedly for non-payment of
maintenance as awarded under Section 125 (3) of the Code of Criminal
Procedure.
Learned counsel for the petitioner has relied upon a Division
Bench judgment of this Court since reported in 2000 (1) PLJR 578
(Ashok Prasad Vs. The State of Bihar & Another) as well as a
recent Division Bench judgment of this Court passed in Cr.W.C. No.
721 of 2011 in the case of Laljee Yadav Vs. The State of Bihar.
Learned counsel for the petitioner prays for an interim order
of release.
In our view, there is sufficient cause made for immediate
release of the petitioner from judicial custody. The petitioner shall be
forthwith released from judicial custody on his furnishing bail bonds
of Rs. 10,000/- (Ten Thousand only) with two sureties of the like
2
amount each to the satisfaction of the Principal Judge, Family Court,
Nalanda, Biharsharif in the aforesaid matter.
List this case no sooner the noticed respondent appears.
Let the order of this court be communicated to the court
concerned through Fax at the cost of the petitioner.
(Navaniti Prasad Singh, J.)
Sanjeet (Ashwani Kumar Singh, J.)