Md. Sahid Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38572 of 2014 Arising Out of PS.Case No. -2265 Year- 2012 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ====================================================== Md. Sahid Ansari, S/o. Dil Mohammad Miyan, Resident of Mohalla Mahawat Tola Bettiah, P.S. Bettiah Town, District- West Champaran. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Gautam, Advocate. For the Opposite Party/s : Mr. Kr. Ranjit Ranjan(APP) For the Informant:
Mr. Bimlesh Kumar Pandey, Advocate.
====================================================== 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, Md. Sahid Ansari, in connection with Complaint Case No.2265C under Section 498A of the Indian Penal Code.
Perused the above application and materials on record including a copy of the order, dated 12.08.2014, passed, in A.B.P. No.348 of 2014, by the learned Sessions Judge, West Champaran, Bettaiah, dismissing the said application for prearrest bail. Heard Mr. Binay Kumar, learned Counsel for the petitioner, and, Mr. Kumar Ranjit Ranjan, learned Additional Public Prosecutor, appearing on behalf of the State. Heard also
Patna High Court Cr.Misc. No.38572 of 2014 (2) dt.16-04-2015 2/3 Mr. B. K. Pandey, learned Counsel, appearing on behalf of the informant.
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 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 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 concerned Officer-in-Charge. This direction for bail is further subject to the condition that the petitioner above-named shall, within two weeks from today, appear before the concerned Officer-in-Charge, 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/her from disclosing such facts to the Court or to any police officer. This application for pre-arrest bail shall stand
Patna High Court Cr.Misc. No.38572 of 2014 (2) dt.16-04-2015 3/3 disposed of in terms of the above observations and directions. Let a copy of this order be sent, forthwith, to the Officer-in-Charge, West Champaran Police Station, District West Champaran, Bettiah.
Send also a copy of this order, forthwith, to the Superintendent of Police, West Champaran, Bettiah, by fax. (I. A. Ansari, J.) Mkr./- U T