High Court Patna High Court - Orders

Shiv Shyam Prasad Kasera vs State Of Bihar on 29 June, 2010

Patna High Court – Orders
Shiv Shyam Prasad Kasera vs State Of Bihar on 29 June, 2010
           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Cr.Misc. No.21650 of 2010
                    SHIV SHYAM PRASAD KASERA
                              Versus
                         STATE OF BIHAR
                           -----------

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.)