Sabia Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30428 of 2014 Arising Out of PS.Case No. -77 Year- 2013 Thana -CHAKAI District- JAMUI ======================================================

1. Sabia Devi W/o Bhairo Yadav Resident of village- Partapur, P.S.- Chakai, District- Jamui .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate. For the Opposite Party/s : Mr. Madhuri Lata(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 20-02-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Sabai Devi, in connection with Chakai Police Station Case No. 77 of 2013 under Section 328, 304(B) of the Indian Penal Code.

Perused the above application, materials available in the case diary and materials on record including a copy of the order, dated 09.07.2014, passed in A.B.P. No.457 of 2014, by the learned Sessions Judge, Jamui, dismissing the said application for pre-arrest bail.

Heard Mr. Satya Prakash Parasar, learned counsel for the petitioner, and Mr. Madhuri Lata, learned Additional Public Prosecutor, appearing on behalf of the State.

Patna High Court Cr.Misc. No.30428 of 2014 (3) dt.20-02-2015 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 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 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 her 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, Chakai Police Station, Jamui. 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, Chakai 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 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.30428 of 2014 (3) dt.20-02-2015 3/3 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Chakai Police Station, District- Jamui. Send also a copy of this order, forthwith, to the Superintendent of Police, Jamui, by fax.

(I. A. Ansari, J.) Mkr./- U