Anzula Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15330 of 2015 Arising Out of K.Nagar (Maranga) PS.Case No. -41 of 2015 Thana - KRITYANAND NAGAR, District- PURNIA ======================================================
1. Anzula Devi wife of Shir Haribansh Prasad Singh
2. Madhu Kumari daughter of Sri Haribansh Prasad Singh, Both residents of Village- Pipra, P.s Rupauli, District- Purnea. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.15370 of 2015 Arising Out of K.Nagar PS.Case No. -41 of 2015 Thana -KRITYANAND NAGAR, District- PURNIA ======================================================
1. Haribansh Prasad Singh, Son of Late Jagdish Singh
2. Bineet Kumar Singh@Vinit kumar@Yashwant kumar, son of Sri Haribansh Prasad singh, Both residents of Village- Pipra, P.S Rupauli, District- Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.15330 of 2015) For the Petitioners : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. C. Jawahar (App) (In Cr.Misc. No.15370 of 2015) For the Petitioners : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 Both these applications, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Anzula Devi and Madhu Kumari of
Cr.Misc.No. 15330 of 2015 and petitioners Haribansh Prasad Singh and Bineet Kumar Singh @ Vinit Kumar @ Yashwant Kumar in Cr.Misc. No. 15370 of 2015, in connection with K.Nagar Police Station Case No. 41 of 2015 under Sections 363/370/370A of the Indian Penal Code.
Perused the above applications, materials available in the case diary and materials on record including a copy of the order, dated 19.03.2015, passed, in A.B.P. No.241 of 2015, by the learned Sessions Judge, Purnea, dismissing the said application for pre-arrest bail.
Heard Mr. Amit Kumar Anand, learned counsel for the petitioners in both these applications, and Mr. C. Jawahar, 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 the petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have 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 petitioners abovenamed shall, in the event of their 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, K. Nagar Police Station, Purnea. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, K. Nagar Police Station, and make themselves 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 from disclosing such facts to the Court or to any police officer.
Both these applications 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, K.Nagar Police Station, District Purnea. Send also a copy of this order, forthwith, to the Superintendent of Police, Purnea, by fax.
(I. A. Ansari, J) A.I./- U