Ravi Ram @ Ravi Kr. Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38918 of 2014 Arising Out of PS.Case No. -78 Year- 2014 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Ravi Ram @ Ravi Kr. Ram S/o Late Ramesh Ram Resident of Village Kamalpur, P.S. Jandaha, District Vaishali at Hajipur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Alok Kumar Alok, Advocate For the Opposite Party : Mr. Bharat Bhushan, 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, Ravi Ram @ Ravi Kumar Ram, in connection with Jandaha Police Station Case No. 78 of 2014 under Sections 363/365 read with Section 34 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. 920 of 2014, by the learned Sessions Judge, Vaishali at Hajipur, rejecting the said application for pre-arrest bail. Heard Mr. Alok Kumar Alok, learned counsel for the petitioners, and Mr. Bharat Bhushan, learned Additional Public Prosecutor, appearing for the State.

The High Court, while exercising its powers under Section 438 Code of Criminal Procedure, stands on the same

Patna High Court Cr.Misc. No.38918 of 2014 (2) dt.16-04-2015 2/2 footing as does a Sessions Judge inasmuch as a High Court and Sessions Judge have coordinate jurisdiction, while exercising power under Section 438 Code of Criminal Procedure. Considering the fact that perusal of the materials on record reveals sufficient incriminating materials against the petitioner and also indicates that custodial interrogation is necessary in order to carry out effective investigation, 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 them 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) Pawan/- U T