Arjun Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39464 of 2014 Arising Out of PS.Case No. -457 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================

1. Arjun Choudhary son of Late Nirsan Choudhary

2. Urmila Devi wife of Arjun Choudhary Both are resident of Village-Sarfudinpur, P.S.-Bochaha, DistrictMuzaffarpur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Ravi Ranjan, Advocate For the Opposite Party : Mr. Abhay Kumar Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 16-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Arjun Choudhary and Urmila Devi, in connection with Town Police Station Case No. 457 of 2014 under Section 366/494/497/406/420/120(B) of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 14.08.2014, passed, in A.B.P. No. 1398 of 2014, by the learned Sessions Judge, Muzaffarpur, dismissing the said application for pre-arrest bail. Heard Mr. Ravi Ranjan, learned Counsel for the petitioner, and Mr. Abhay Kumar Rai, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on

Patna High Court Cr.Misc. No.39464 of 2014 (2) dt.16-04-2015 2/3 record does not reveal any such incriminating materials against the petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have 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 petitioners above-named shall, in the event of their 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, Muzaffarpur Town Police Station, Muzaffarpur. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Muzaffarpur Town Police Station, Muzaffarpur, 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 them 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.39464 of 2014 (2) dt.16-04-2015 3/3 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Muzaffarpur Town Police Station, District Muzaffarpur.

Send also a copy of this order, forthwith, to the Superintendent of Police, Muzaffarpur, by fax. (I. A. Ansari, J) Pawan/- U T