Rahul Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51053 of 2014 Arising Out of Saharsa PS.Case No. -479 of 2014 Thana -SAHARSA District- SAHARSA ======================================================

1. Rahul Kumar son of Birendra Kumar Singh, resident of Flat No. 2'A', Nishtha Residency, West Boring Canal Road, Anandpuri, P.S.- Shri Krishna Puri, District- Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Priyanka daughter of Madan Mohan Singh, resident of Ward No. 19, Nagar Parishad, Vidyapati Nagar, P.S.- Saharsa, District- Saharsa, Bihar .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Sanjay Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 07-05-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Rahul Kumar, in connection with Saharsa Police Station Case No. 479 of 2014 under Section 498A of the Indian Penal Code.

Perused the above application and materials on record including a copy of the order, dated 28.10.2014, passed, in A.B.P. No.6611 of 2014, by the learned Sessions Judge, Saharsa, dismissing the said application for pre-arrest bail. Heard Mr. A.P.Sahay, learned counsel for the petitioner, and Mr. Sanjay Kumar, learned Additional Public Prosecutor,

Patna High Court Cr.Misc. No.51053 of 2014 (3) dt.07-05-2015 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 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 abovenamed shall, in the event of his 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, Saharsa Police Station, Saharsa.

This direction for bail is further subject to the condition that the petitioner abovenamed shall, within two weeks from today, appear before the Officer-in-Charge, Saharsa 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 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.51053 of 2014 (3) dt.07-05-2015 Let a copy of this order be sent, forthwith, to the Officerin-Charge, Saharsa Police Station, District Saharsa. Send also a copy of this order, forthwith, to the Superintendent of Police, Saharsa, by fax.

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