Md. Naushad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11389 of 2015 Arising Out of PS.Case No. -9 Year- 2014 Thana -MAHILA P.S. District- VAISHALI(HAJIPUR) ====================================================== Md. Naushad .... .... Petitioner/s
Versus
1. The State of Bihar,
2. Jeenat Parvin, D/o. Md. Immanul Haque, .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Kumar Singh, Advocate. For the Opposite Party/s : Mr. Anil Kumar Singh 1(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 10-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Md. Naushad, in connection with Hajipur Sadar Mahila P.S. Case No. 9 of 2014 under Sections 323/379/406/498(A)/506 of the Indian Penal Code and Section 3⁄4 of the Dowry Prohibition Act.
Perused the above application, materials available on record including a copy of the order, dated 14.10.2014, passed, in A.B.P. No. 1625 of 2014, by the learned Sessions Judge, Vaishali, at Hajipur, rejecting the said application for pre-arrest bail.
Heard Mr. Ram Kumar Singh, learned counsel for the petitioner, and Mr. Anil Kumar Singh-1, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.11389 of 2015 (7) dt.10-07-2015 2/2 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 incriminating nature of materials against the petitioner, this Court is of the view that in the facts and attending circumstances of the present case, the petitioner has not been able to make out any case calling for giving him benefit of pre-arrest bail.
In view of the above and in the interest of justice, the prayer for pre-arrest bail is hereby rejected. (I. A. Ansari, J.) Mkr./- U T