Md Tahir And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40251 of 2014 Arising Out of Singhwara PS.Case No. 163 of 2013 Thana -SINGHWARA District- DARBHANGA ======================================================

1. Md Tahir, S/o late Khalil

2. Md. Anjar S/o Md. Tahir

3. Shahwaz Khatoon @ Shahwaz @ Shahwaz Begum @ Chunni, w/o Md. Haidar Ali

4. Sabuina Begam @ Sabina Khatoon @ Sabiha Begam @ Sabia Khatoon @ Sahina Khatoon D/o Md. Haider Ali, All residents of village Katka, P.S. Singhwara, District Darbhanga .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Jha For the Opposite Party/s : Mr. Shailendra Kr.Singh(APP) ====================================================== 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 petitioners, namely, Md. Tahir, Md. Anjar, Shahwaz Khatoon @ Shahwaz, @ Shahwaz Begum @ Chunni and Sabuina Begam @ Sabina Khatoon @ Sabiha Begam @ Sabia Khatoon @ Sahina Khatoon, in connection with Singhwara P.S.Case No. 163/2013 under Sections 123/341/324/379/354/34 of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 12.05.2014, passed, in A.B.P. No. 505 of 2014, by the learned Sessions Judge, Darbhanga, rejecting the said application for pre-arrest bail.

Patna High Court Cr.Misc. No.40251 of 2014 (2) dt.10-04-2015 Heard Mr. S.K.Jha, learned counsel for the petitioners, and Mr. S.K.Singh, learned APP, appearing for the State. The High Court, while exercising its powers under Section 438 Cr.P.C., stands on the same footing as does a Sessions Judge inasmuch as a High Court and Sessions Judge have coordinate jurisdiction, while exercising power under Section 438 Cr.P.C.

Considering the fact that perusal of the materials on record reveals sufficient incriminating materials against the petitioners and also indicates that custodial interrogation is necessary in order to carry out effective investigation, this Court is of the view that in the facts and attending circumstances of the present case, the petitioners have not been able to make out any case calling for giving themselves benefit of pre-arrest bail. It is, now, submitted by learned counsel for the petitioners that there are already warrants of arrest issued against the petitioners on the ground that they have absconded. Learned counsel further submits that the petitioners are ready to surrender in the learned Court below.

Considering the matter in its entirety and in the interest of justice, it is made clear that if the petitioners surrender in the learned Court below and if, upon their appearance in the learned

Patna High Court Cr.Misc. No.40251 of 2014 (2) dt.10-04-2015 Court below, the petitioners apply for regular bail, the learned Court below shall consider and dispose of the same in accordance with law without any unreasonable delay.

With the above observations and directions, this application shall stand disposed of.

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