Kalika Rai And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47931 of 2015 Arising Out of PS.Case No. -52 Year- 2015 Thana -DORIGANJ District- SARAN ======================================================

1. Kalika Rai

2. Timal Rai, Both S/o Late Jalim Rai, R/o Village- Badalpura, Doriyawganj, P.S.- Doriganj, District- Saran at Chapra. ....... Petitioners

Versus

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

For the Petitioner/s : Mr. Awadhesh Kumar, Advocate For the Opposite Party/s Mr. Ram Shankar Das, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-11-2015 This is an application for grant of regular bail in favour of the petitioners who are accused in connection with Doriganj PS Case No. 52 of 2015 for the alleged offences punishable under Sections 147, 148, 149, 341, 323, 324, 324, 302, 307 and 504 of the Indian Penal Code, pending before the court of learned Chief Judicial Magistrate, Saran at Chapra.

Altogether 11 persons were named in the FIR with an allegation that they assaulted the deceased. So far as petitioner no. 1 is concerned, it is alleged that at his instance other co-accused persons caused assault. As regards petitioner no. 2 is concerned, it is submitted that nothing has been attributed to him. It is submitted on behalf of the

Patna High Court Cr.Misc. No.47931 of 2015 (2) dt.23-11-2015 2/2 petitioners that they are in custody since 11.7.2015. Learned counsel for the petitioners submits that since charge-sheet has been submitted on completion of investigation, no tangible purpose would be served if they are compelled to remain in custody any more. He submits that the petitioners shall be presenting themselves before the trial court as and when required and will not delay the trial against them.

Considering the submission that no allegation of assault is attributable to these petitioners and that chargesheet has already been submitted, this application is allowed. Let the petitioners above named, be released 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 learned Chief Judicial Magistrate, Saran at Chapra in Doriganj PS Case No. 52 of 2015.

This is subject to the condition that the petitioners shall present themselves before the Police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) mrl U T