Firoja Khatoon v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46219 of 2014 Arising Out of PS.Case No. -153 Year- 2013 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Firoja Khatoon, wife of Md. Zahid, Daughter of Md. Ayub, R/o. MohallaAgarpur Ward No.10, P.S. Lalganj, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar,

2. Ranjit Kumar, .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Alok Kumar Alok, Advocate. For the Opposite Party/s : Mr. A.Dayal (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 23-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Firoja Khatoon, in connection with Mithanpura Police Station Case No. 153 of 2013 under Sections 406/420/120B/506/504 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 06.09.2014, passed, in A.B.P. No.1596 of 2014, by the learned Sessions Judge, Muzaffarpur, dismissing the said application for pre-arrest bail. Heard Mr. Alok Kumar Alok, learned counsel for the petitioner, and Mr. A. Dayal, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on record does not reveal any such incriminating materials against

Patna High Court Cr.Misc. No.46219 of 2014 (2) dt.23-04-2015 2/3 the petitioner, which would warrant her custodial detention and interrogation, this Court is of the view that the petitioner has been able to make out a case calling for appropriate direction for prearrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of his arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Officer-in-Charge, Mithanpura Police Station, Muzaffarpur.

This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Mithanpura Police Station, Muzaffarpur, and make himself available for interrogation by police at all reasonable time and 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 or her from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand disposed of in terms of the above observations and directions.

Patna High Court Cr.Misc. No.46219 of 2014 (2) dt.23-04-2015 3/3 Muzaffarpur.

Send also a copy of this order, forthwith, to the Superintendent of Police, Muzaffarpur, by fax. (I. A. Ansari, J.) Mkr./- U T