Kavindra Singh v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8505 of 2015 Arising Out of PS.Case No. -2941 Year- 2013 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================
1. Kavindra Singh S/o Raghunath Bhagat Resident of village - Matihani Madho, P.S. Mirganj, District - Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar
2. Ribha Devi @ Reema Devi W/o Kavindra Singh, D/o Ramayan Singh Resident of village - Matihani Madho, P.S. Mirganj, District - Gopalganj At Present residing at village - Raghuwa, P.S. Mirganj, District - Gopalganj .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Pratap Singh, Advocate. For the Opposite Party/s : Mr. R.P.S Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 02-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Kavindra Singh, in connection with Complaint Case No. 2941 of 2013 (Trial No.4975 of 2014) under Sections 498A/406/34 of the Indian Penal Code.
Perused the above application and materials on record including a copy of the order, dated 09.10.2014, passed, in A.B.P. No. 813 of 2014, by the learned Sessions Judge, Gopalganj, dismissing the said application for pre-arrest bail. Heard Mr. Uday Pratap Singh, learned Counsel for the petitioner, and Mr. R.P.S. Singh, learned Additional Public
Patna High Court Cr.Misc. No.8505 of 2015 (5) dt.02-07-2015 2/3 Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the record does not reveal any such incriminating materials against the petitioner, which would warrant his 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 his 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, Mirganj Police Station, Gopalganj.
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, Mirganj Police Station, Gopalganj, 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 his/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.8505 of 2015 (5) dt.02-07-2015 3/3 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Mirganj Police Station, Gopalganj. Send also a copy of this order, forthwith, to the Superintendent of Police, Gopalganj, by fax.
(I. A. Ansari, J.) Mkr./- U T