Dakhiya Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 6990 of 2016 Arising Out of PS.Case No. -65 Year- 2003 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ======================================================

1. Dakhiya Devi W/o Bindeshwar Mahto

2. Laxminiya Devi W/o Ranjeet Prasad Both residents of village Barith, P.S. - Katrisarai, District - Nalanda. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Bhim Sen Prasad For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

08-04-2016 Heard Sri Bhim Sen Prasad, learned counsel for petitioners and Sri Ambika Bhagat, learned Special Public Prosecutor.

Two petitioners, who are in custody since 22-01-2016 in Giriyak P.S. Case No. 65 of 2003 registered for the offence under Sections 341, 323, 324, 325, 307, 435, 504/34 of the Indian Penal Code and Section 3(x)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, have prayed for grant of bail.

It was submitted by learned counsel for petitioners that ofcourse, F.I.R. was lodged in the year 2003 and petitioners were also named as accused alongwith number of accused

Patna High Court Cr.Misc. No.6990 of 2016 (3) dt.08-04-2016 2/2 persons, however; during investigation, accusation against the petitioners was found not true and the petitioners were not forwarded as accused. Learned counsel for petitioners has placed reliance on fact disclosed in paragraph - 211 of the case diary. Sri Ambika Bhagat, learned Special Public Prosecutor submits that even learned Addl. Sessions Judge, while rejecting the prayer for bail of petitioners on 29-01-2016, had granted liberty to the petitioners to renew prayer after four months. In view of facts and circumstances, let both the petitioners namely Dakhiya Devi and Laxminiya Devi be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Sushil Prasad, J.M. Ist Class, Biharsharif in Giriyak P.S. Case No. 65 of 2003.

(Rakesh Kumar, J.) Anay U T