Mukesh Choudhary And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39029 of 2014 Arising Out of PS.Case No. -457 Year- 2014 Thana -MUZAFFARPUR TOWN DistrictMUZAFFARPUR ======================================================
1. Mukesh Choudhary, S/o Bhola Choudhary
2. Chanda Kumari, W/o Mukesh Choudhary Both resident of Village-Athar, P.S.-Mushari, District-Muzaffarpur. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Amit Kumar Rakesh, Advocate For the Opposite Party : Mr. Damodar Pd.Tiwary, 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 petitioners, namely, Mukesh Choudhary and Chanda Kumari, in connection with Muzaffarpur Town Police Station Case No. 457 of 2014 under Section 366/494/497/406/420/120(B) of the Indian Penal Code.
Perused the above application and materials on record including a copy of the order, dated 25.08.2014, passed, in A.B.P. No. 1475 of 2014, by the learned Sessions Judge, Muzaffarpur, dismissing the said application for pre-arrest bail. Heard Mr. Amit Kumar Rakesh, learned Counsel for the petitioner, and Mr. D.P.Tiwary, learned Additional Public Prosecutor, appearing on behalf of the State.
Patna High Court Cr.Misc. No.39029 of 2014 (2) dt.16-04-2015 2/3 In view of the fact that perusal of the materials on record does not reveal any such incriminating materials against the petitioners, which would warrant their custodial detention and interrogation, this Court is of the view that the petitioners have 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 petitioners above-named shall, in the event of their 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, Muzaffarpur Town Police Station, Muzaffarpur. This direction for bail is further subject to the condition that the petitioners above-named shall, within two weeks from today, appear before the Officer-in-Charge, Muzaffarpur Town Police Station, Muzaffarpur, 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 them 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.39029 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, Muzaffarpur Town Police Station, District Muzaffarpur.
Send also a copy of this order, forthwith, to the Superintendent of Police, Muzaffarpur, by fax. (I. A. Ansari, J) Pawan/- U T