Shanti Devi @ Santi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5131 of 2015 Arising Out of PS.Case No. -56 Year- 2014 Thana -JAYNAGAR District- MADHUBANI ====================================================== Shanti Devi @ Santi Devi Wife of Late Ganesh Prasad Gupta Resident of Jai Nagar, Shahid Chowk, P.S- Jai Nagar, District - Madhubani. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Satyapal Singh, Advocate For the Opposite Party : Mrs. Pushpa Sinha 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 02-07-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioners, namely, Shanti Devi @ Santi Devi, in connection with Jai Nagar Police Station Case No. 56 of 2014 under Section 498A/304 read with Section 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.
Perused the above application and materials on record including a copy of the order, dated 17.12.2014, passed, in A.B.P. No. 100 of 2014, by the learned Sessions Judge, Madhubani, dismissing the said application for pre-arrest bail and, order, dated 19.01.2015, passed by a Bench of this Court in Cr. Misc. No. 2168 of 2015.
Heard Mr. Satyapal Singh, learned Counsel for the petitioners, and Mrs. Pushpa Sinha 2, learned Additional Public
Patna High Court Cr.Misc. No.5131 of 2015 (4) dt.02-07-2015 2/3 Prosecutor, appearing on behalf of the State. In view of the fact that perusal of 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 the fact that similarly situated coaccused have been granted the benefit of pre-arrest bail by a Bench of this Court by order, dated 19.01.2015, passed in Cr. Misc. No. 2168 of 2015, and in the interest of justice, it is hereby directed that the petitioner above-named shall, in the event of her 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 Officer-in-Charge, Jai Nagar Police Station, District-Madhubani.
Patna High Court Cr.Misc. No.5131 of 2015 (4) dt.02-07-2015 3/3 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, to the Officer-in-Charge, Jai Nagar Police Station, District-Madhubani. Send also a copy of this order, forthwith, to the Superintendent of Police, Madhubani, by fax.
(I. A. Ansari, J) Pawan/- U T