Bijuli Manjhi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15487 of 2015 Arising Out of PS.Case No. -219 Year- 2013 Thana -MAHARAJGANJ District- SIWAN ======================================================
1. Bijuli Manjhi son of Gajadhar Manjhi
2. Most. Lachiya Kunwar wife of Late Krishna Manjhi Both 1 and 2 residents of village - Katwar, P.S. Daraunda, District - Saran. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Anil Chandra, Advocate For the Opposite Party : Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 16-07-2015 Learned Counsel, appearing on behalf of the petitioners, submits that petitioner No.1, namely, Bijuli Manjhi, has been arrested during the pendency of this application, hence, he seeks permission to withdraw this application so far as petitioner No.1, namely, Bijuli Manjhi, is concerned. In view of above and in the interest of justice, this application with regard to petitioner No.1, namely, Bijuli Manjhi is hereby disposed of as withdrawn.
By this application, made under Section 438 of the Code of Criminal Procedure, the petitioner No.2, namely, Mostt. Lachiya Kunwar, therefore, now, seeks pre-arrest bail in connection with Maharajganj Police Station Case No. 219 of 2013 under Sections 467/468/420/421/471/34 of the Indian Penal Code. Perused the above application and materials on
Patna High Court Cr.Misc. No.15487 of 2015 (3) dt.16-07-2015 2/3 record including a copy of the order, dated 10.08.2014, passed, in A.B.P. No. 1140 of 2014, by the learned Sessions Judge, Siwan, dismissing the said application for pre-arrest bail. Heard Mr. Anil Chandra, learned Counsel for the petitioner, and Mr. Atul Chandra, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of record does not reveal any such incriminating materials against 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 pre-arrest 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 her arrest in connection with the case aforementioned, be released on bail of Rs. 10,000/-, with two sureties, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Maharajganj Police Station, Siwan.
Patna High Court Cr.Misc. No.15487 of 2015 (3) dt.16-07-2015 3/3 inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Maharajganj Police Station, Siwan. Send also a copy of this order, forthwith, to the Superintendent of Police, Siwan, by fax.
(I. A. Ansari, J) Pawan/- U T