Sri Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50814 of 2014 Arising Out of PS.Case No. -153 Year- 2014 Thana -GARDANIBAGH District- PATNA ======================================================
1. Sri Dhananjay Kumar, aged about 35 years S/o Sri Akhilesh Kumar Rai Resident of Permanent address Village Kauriya Pali, near Pareo, P.O. Pareo, P.S. Bihta, District Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Archana Sinha @ Archana Shahi, Adv. For the Opposite Party/s : Mr. Binod Kumar 2 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI ORAL ORDER 14-05-2015 This is an application, made under Section 438 of the Code of Criminal Procedure, seeking pre-arrest bail by the petitioner, namely, Dhananjay Kumar, in connection with Gardanibagh Police Station Case No. 153 of 2014 under Section 498/34 of the Indian Penal Code and Section 3⁄4 of Dowry Prohibition Act.
Perused the above application and materials on record including a copy of the order, dated 14.11.2014, passed, in A.B.P. No. 20202 of 2014, by the learned 1st Additional Sessions Judge, Patna, dismissing the said application for pre-arrest bail. Heard Mrs. Archana Sinha @ Archana Shahi, learned Counsel for the petitioner, and Mr. Binod Kumar-2, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.50814 of 2014 (3) dt.14-05-2015 2/3 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 prearrest 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, each of the like amount, subject to the satisfaction of the Officer-in-Charge, Gardanibagh 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, Gardanibagh Police Station, Patna, and make themselves 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 his/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.
Patna High Court Cr.Misc. No.50814 of 2014 (3) dt.14-05-2015 3/3 Let a copy of this order be sent, forthwith, to the Officer-in-Charge, Gardanibagh Police Station, Patna. Send also a copy of this order, forthwith, to the Superintendent of Police, Patna, by fax.
(I. A. Ansari, J.) Mkr./- U T