Dilip Ravidas And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.23548 of 2015 Arising Out of PS.Case No. -168 Year- 2012 Thana -KOCH District- GAYA ======================================================
1. Dilip Ravidas, Son of Late Dhaneshwar Ravidas
2. Natwar Ravidas, Son of Meshtar Ravidas Both Resident of village - Korap, P.S.-Aanti, Distt.-Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma For the Opposite Party/s : Mr. Sanjay Kr. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 12-08-2015 Heard counsel for the petitioners and Mr. Dayal for the State.
This is repeat application filed on behalf of the petitioners seeking bail in connection with Konch P.S. Case No. 168 of 2012 instituted under sections 302/201/34 IPC.
Considering the allegation and materials on record this Court had rejected the prayer of the petitioners for grant of bail vide order dated 23.09.2014. However, considering the period of incarceration this Court granted them liberty to renew their prayer for bail in the court below itself if the trial does not record adequate progress within six months. From the order dated 20.04.2015 passed by the learned trial court it appears that the charges have been framed on 11.11.2014 and the case is pending for appearance of the prosecution witnesses. It has been submitted that the petitioners are in custody since 03.12.2013. Counsel for the State, on the other hand, submitted that
Patna High Court Cr.Misc. No.23548 of 2015 (2) dt.12-08-2015 2/2 there is allegation against the petitioners of causing death of the deceased.
Considering the facts and circumstances of the case, this Court while declining the prayer of the petitioners, disposes of the application by the following order:- Let the trial court endeavour to examine all the prosecution witnesses within six months from the date of receipt/production of a copy of this order failing which the trial court shall release the petitioners on bail on furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to its satisfaction in Konch P.S. Case No. 168/2012 on condition that one of the bailors of each of the petitioners shall be their own/close family members. They shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall cancel their bail bonds. (Kishore Kumar Mandal, J) HR/- U T