Patna High CourtCR. MISC./14781/2015rejected

Gaynee Devi v. The State Of Bihar

2015-07-09The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14781 of 2015 Arising Out of Sajour/Shahkund PS.Case No. -176 of 2014 Thana - SAJOUR District- BHAGALPUR ======================================================

1. Gaynee Devi wife of Rudal Mandal, Resident of village- Kulharia, P.S.- Amarpur, District- Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Jha For the Opposite Party/s : Mr. Rajiv Nayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 09-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Gaynee Devi, in connection with Sajour (Shahkund) P.S.Case No. 176 of 2014 under Sections 304B/201/34 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 05.01.2015, passed, in A.B.P. No. 15 of 2015, by the learned Sessions Judge, Patna, rejecting the said application for pre-arrest bail.

Heard Mr. Subhash Kumar Jha, learned counsel for the petitioner, and Mr. Rajiv Nayan, learned APP, appearing for the State.

Patna High Court Cr.Misc. No.14781 of 2015 (5) dt.09-07-2015 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.

Because of the nature of incriminating materials available 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) A.I./- U