Saddam Hussain And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15517 of 2015 Arising Out of Uchakagaon PS.Case No. -280 of 2014 Thana - UCHAKAGAON, District- GOPALGANJ ======================================================
1. Saddam Hussain son of Jahrul Hassan @ Jharul Hussain
2. Fakruddin @ Md. Fakruddin son of Jahrul Hassan @ Jharul Hussain Both resident of Village - Dumaria, P.S. - Uchakagaon, District - Gopalganj.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Gulnar Begum (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Saddam Hussain and Fakruddin @ Md. Fakhroddin, in connection with Uchakagaon Police Station Case No. 280 of 2014 under Section 341/323/324/504/379/34 of the Indian Penal Code.
Perused the above application, and materials on record including a copy of the order, dated 25.03.2015, passed, in A.B.P. No.2195/2132 of 2014, by the learned Sessions Judge, Gopalganj, dismissing the said application for pre-arrest bail. Heard Mr. Ghulam Rabbani, learned counsel for the petitioners, and Ms. Gulnar Begum, learned Additional Public
Patna High Court Cr.Misc. No.15517 of 2015 (2) dt.09-07-2015 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 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, Uchakagaon Police Station, Gopalganj. 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, Uchakagaon 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.
This application for pre-arrest bail shall stand disposed
Patna High Court Cr.Misc. No.15517 of 2015 (2) dt.09-07-2015 of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Uchakagaon Police Station, District Gopalganj . Send also a copy of this order, forthwith, to the Superintendent of Police, Gopalganj, by fax.
(I. A. Ansari, J) A.I./- U