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Patna High CourtCR. MISC./47812/2015bail granted

Devendra Pandey @ Devendra Kumar Pandey v. The State Of Bihar

2015-11-04The Chief Justice3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47812 of 2015 Arising Out of PS.Case No. -348 Year- 2015 Thana -SHASTRINAGAR District- PATNA ======================================================

1. Devendra Pandey @ Devendra Kumar Pandey son of late Shiv Pravesh Pandey, resident of Mohalla- Gangapath, Near Kanak City Apartment, West Patel Nagar, P.S.- Shastrinagar, District- Patna. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pravin Kumar, Adv. For the Opposite Party/s : Mr. Smt. Asha Devi(APP) ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE ORAL ORDER 04-11-2015 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Devendra Pandey @ Devendra Kumar Pandey, in connection with Shastrinagar Police Station Case No. 348 of 2015, under Sections 498A/354A/341/323/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard Mr. Pravin Kumar, learned Counsel for the petitioner, and Mrs. Asha Devi, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that the accused above-named has been in custody since 17.7.2015 in connection with the case

Patna High Court Cr.Misc. No.47812 of 2015 (2) dt.04-11-2015 2/3 aforementioned and though charge sheet has been submitted, trial has not yet commenced and similarly situated co-accused has been granted anticipatory bail by a Bench of this Court by the order, dated 24.9.2015, passed in Cr. Misc. No.45585 of 2015, perusal of the materials available does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of Smt. Indrani Kisku, learned Judicial Magistrate, 1st Class, Patna, in connection with Shastrinagar Police Station Case No. 348 of 2015.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

Patna High Court Cr.Misc. No.47812 of 2015 (2) dt.04-11-2015 3/3 In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari, ACJ) K.C.jha/- U