Doma Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40344 of 2014 Arising Out of PS.Case No. -2584 Year- 2012 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Doma Chaudhary, S/o. Bikrama Choudhary, R/o. village- Khaira Tola, P.S. Nautan, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar,

2. Sangeeta Devi, D/o. Bhikhari Choudhary, R/o. Village- Tumkadiya, P.S. Bairiya, district- West Champaran.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Amrendra Pd.(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 petitioner, namely, Doma Choudhary, in connection with Complaint Case No.2584-C of 2012 under Section 498A of the Indian Penal Code.

Perused the above application and materials on record including a copy of the order, dated 26.08.2014, passed in A.B.P. No.452 of 2014, by the learned Sessions Judge, West Champaran, Bettaiah, dismissing the said application for pre-arrest bail.

Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner, and Mr. Amrendra Prasad, learned Additional Public Prosecutor, appearing on behalf of the

Patna High Court Cr.Misc. No.40344 of 2014 (2) dt.10-04-2015 2/2 State.

In view of the fact that perusal of the materials on 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 appearance in the learned Court below pursuant to the summons issued in connection with the case aforementioned, he shall be released on bail of Rs. 10,000/-, with two sureties of the like amount, subject to the satisfaction of the Sub-Divisional Judicial Magistrate, Bettiah, West Champaran.

With the above observations and directions, this application for pre-arrest bail shall stand disposed of. (I. A. Ansari, J.) Mkr./- U T