IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29029 of 2008 DEWANAND GOSWAMI Versus STATE OF BIHAR ----------- 2. 4.8.2008 Heard. It is yet another example of poor appreciation by a Magistrate and an Additional District Judge, of the facts and the allegations. A Nandoi like the petitioner is in custody since 27.4.2008 in a complaint case merely because the allegations are of ill-treating and torturing the lady and thereby constituting offence under section 498A of the Indian Penal Code. This Court has become hoarse by telling the courts below as to what could be the approach in such cases when distant relatives or direct relations even of the husband could be the petitioners before them with prayer for bail. How one could only to blame the Magistrate when an officer of the rank of Additional Sessions Judge was replicating the poor sense of appreciation of the Magistrate. Let this order be communicated to both of them under the belief that they will get themselves oriented to bail jurisprudence and specially to the fact that liberty of a citizen is regarded as his constitutional right and that might be clouded by some allegations but is enough erased. In addition, this Court has to remind the courts below that granting relief is what they are required to do. Rejection is simply against the spirit of law. Let petitioner named above be released on bail on furnishing personal recognition bond of Rs.500/-( Five hundred ) - 2 - without any surety to the satisfaction of the Sri S. Ram, J.M., Ist Class, Nalanda, in connection with Complaint Case no.1026 (C) of 2006. sudip ( Dharnidhar Jha, J )