Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39136 of 2014 Arising Out of PS.Case No. -406 Year- 2013 Thana -GORAUL District- VAISHALI(HAJIPUR) ======================================================
1. Rekha Devi, Wife of Upendra Rai R/o village - Ismailpur, P.S. Sadar, District - Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate. For the Opposite Party/s : Mr. Sharda Kumari (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 petitioner, namely, Rekha Devi, in connection with Goraul (Kathara) Police Station Case No. 406 of 2013 under Section 182/193/194/195/203/211/368/120B of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 25.07.2014, passed in A.B.P. No. 579 of 2014, by the learned Sessions Judge, Vaishali, at Hajipur, dismissing the said application for pre-arrest bail. Heard Mr. Alok Kumar Alok, learned Counsel for the petitioner, and Mr. Sharda Kumari, 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.39136 of 2014 (2) dt.16-04-2015 2/3 record does not reveal any such incriminating materials against the petitioner, which would warrant her 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 prearrest 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 arrest/surrender 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, Goraul (Kathara) Police Station, Vaishali.
This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the Officer-in-Charge, Goraul (Kathara) Police Station, and make herself 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 her 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.39136 of 2014 (2) dt.16-04-2015 3/3 Officer-in-Charge, Goraul (Kathara) Police Station, District Vaishali, at Hajipur.
Send also a copy of this order, forthwith, to the Superintendent of Police, Vaishali, at Hajipur, by fax. (I. A. Ansari, J.) Mkr./- U T