Ajit Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39192 of 2014 Arising Out of PS.Case No. -251 Year- 2014 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Ajit Kumar, S/o Mukesh Kumar, aged about 30 years, resident of VillageDhankaul, P.S.-Patepur, District-Vaishali. .... .... Petitioner
Versus
1. The State of Bihar
2. Shobha Devi, W/o Ajit Kumar, resident of Village-Dhankaul, P.S.- Patepur, District-Vaishali and D/o Late Ganesh Rai, at present residing at her father's house at Mohalla-Hathsarganj, Babu Tola, P.S.-Town, Hajipur, District-Vaishali.
.... .... Opposite Partiess ====================================================== Appearance :
For the Petitioner :
Mr. Satya Prakash Sinha, Advocate For the Opposite Party No.1: Mr. Ashok Kumar Singh 1, 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, Ajit Kumar, in connection with Hajipur Town Police Station Case No. 251 of 2014 under Section 498A read with Section 34 of the Indian Penal Code.
Perused the above application and materials on record including a copy of the order, dated 11.08.2014, passed in A.B.P. No. 1179 of 2014, by the learned Sessions Judge, Vaishali, at Hajipur, dismissing the said application for pre-arrest bail. Heard Mr. S. P. Sinha, learned Counsel for the petitioner, and Mr. A. K. Singh 1, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.39192 of 2014 (2) dt.16-04-2015 2/3 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 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 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, Hajipur Town 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, Hajipur Town Police Station, Vaishali, and make himself 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 him 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.39192 of 2014 (2) dt.16-04-2015 3/3 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Hajipur Town 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) Pawan/- U T