Md. Shoeb v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40167 of 2014 Arising Out of Complaint Case No. 867 of 2013 Thana -BEGUSARAI ,District- BEGUSARAI ====================================================== Md. Shoeb, son of Md. Rahmat, resident of village Ramjanpur, P.S. Muffasil, Distt. Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Soni Khatoon @ Soni Praveen D/o Md. Ali @ Md. Hussain .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Singh For the Opposite Party/s : Mr. Anuj Kr.Srivastav(AAP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 10-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Md. Shoeb, in connection with Complaint Case No. 867C/13 under Sections 498A/323/379 of the Indian Penal Code.

Perused the above application, materials on record including a copy of the order, dated 28.08.2014, passed in A.B.P. No.743 of 2014, by the learned Sessions Judge, Begusarai, dismissing the said application for pre-arrest bail. Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner, and Mr. Sandip Kumar Gautam, 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

Patna High Court Cr.Misc. No.40167 of 2014 (2) dt.10-04-2015 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 prearrest bail. Considering, therefore, the matter in its entirety and in the interest of justice, it is hereby directed that the petitioner abovenamed shall, in the event of his arrest/surrender 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, Muffasil Police Station, Begusarai.

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, Muffasil Police Station, 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. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Muffasil Police Station, District Begusarai.

Patna High Court Cr.Misc. No.40167 of 2014 (2) dt.10-04-2015 Send also a copy of this order, forthwith, to the Superintendent of Police, Begusarai, by fax.

(I. A. Ansari, J) A.I./- U T