Dr. Vikas Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40260 of 2014 Arising Out of PS.Case No. -495 Year- 2013 Thana -KANKARBAGH District- PATNA ======================================================
1. Dr. Vikas Kumar Son of Dr. Balram Prasad Resident of Mohalla - Azad Path, Gali No. 4, Chandmari Road, P.S. - Kankerbagh, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate. For the Opposite Party/s : Mr. Madan Kumar(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 10-04-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Dr. Vikas Kumar, in connection with Kankarbagh Police Station Case No. 495 of 2013 under Sections 498A, 494, 406 and 120B of the Indian Penal Code. Perused the above application and materials on record including a copy of the order, dated 28.08.2014, passed in A.B.P. No.6316 of 2013, by the learned Sessions Judge, Patna, dismissing the said application for pre-arrest bail. Heard Mr.
Shakti Suman Kumar, learned counsel for the petitioner, and Mr. Madan Kumar, learned Additional Public Prosecutor, appearing on behalf of the State. In view of the fact that perusal of the materials on record does not reveal any such incriminating
Patna High Court Cr.Misc. No.40260 of 2014 (2) dt.10-04-2015 2/3 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 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 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, Kankarbagh Police Station, Patna. 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, Kankarbagh Police Station, Patna, 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 or 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.
Let a copy of this order be sent, forthwith,
Patna High Court Cr.Misc. No.40260 of 2014 (2) dt.10-04-2015 3/3 to the Officer-in-Charge, Kankarbagh Police Station, District Patna.
Send also a copy of this order, forthwith, to the Superintendent of Police, Patna, by fax.
(I. A. Ansari, J.) Mkr./- U T