Patna High CourtCR. MISC./23199/2015disposed

Hirdya Ram And ANR v. The State Of Bihar

2015-09-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23199 of 2015 Arising Out of PS.Case No. -8 Year- 2012 Thana -JADOPUR District- GOPALGANJ ======================================================

1. HIRDYA RAM, S/o late Jagai Ram, R/o Village Bhaishi, P.S. Yadopur, Distt. Gopalganj,

2. Kanti Devi, W/o Adalat Ram, R/o Village Jamo Mathia, P.S. Jamo Bazar, Distt. Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Binod Kumar No. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2015 Heard both sides.

The petitioners, namely, Hirdya Ram and Kanti Devi, seek bail in a case under Sections 302/34 of the Indian Penal Code.

Petitioner no. 1 Hirdya Ram is said to have assaulted the husband of the informant with knife on his chest. Petitioner no. 2 Kanti Devi is said to have caught the husband of the informant along with Babita Devi. Babita Devi has already been enlarged on bail. Kanti Devi is in jail since 14.04.2012. Considering the facts aforesaid, petitioner no. 2 Kanti Devi is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Addl. Sessions Judge I,

Patna High Court Cr.Misc. No.23199 of 2015 (3) dt.22-09-2015 2/2 Gopalganj in Yadopur P.S. Case No. 08 of 2012, corresponding to G.R. No. 415/2015 and S. Tr. No. 307/2012, subject to the condition that the petitioner no. 2 shall appear on each and every date fixed during the course of trial and if she fails to appear consecutively on two dates without any plausible reason, the trial court shall cancel her bail bonds.

So far as the case of petitioner no. 1 Hirdya Ram is concerned, he is the assailant and it was he who fired on the chest of the husband of the informant causing his death. Hence, I am not inclined to enlarge the above named petitioner no. 1 on bail. Accordingly, the same is rejected.

The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt / production of a copy of this order.

(Prabhat Kumar Jha, J) Dilip/- U T