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Patna High CourtCR. MISC./38196/2017allowed

Subhash Rajak And ANR v. The State Of Bihar

2017-08-11Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38196 of 2017 Arising Out of PS.Case No. -41 Year- 2016 Thana -DAWATH District- SASARAM (ROHTAS) ======================================================

1. Subhash Rajak, S/o Nayak Rajak, R/o Village-Maliya Bagh, P.S.- Dawath, District-Rohtas, Sasaram.

2. Ramakant Rajak, S/o Jivan Rajak, R/o Village-Arang, P.S.-Dinara, District-Rohtas (Sasaram) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-08-2017 Heard the learned counsel for the petitioner and APP for the State.

The petitioner seeks bail in connection with Dawath P.S. Case no. 41 of 2016 registered under Sections 147, 148, 149, 341, 323, 327, 337, 338, 302 and 504 of the Indian Penal Code. Over row of treatment of the daughter-in-law of the petitioner no. 1 (Subhash Rajak), both the petitioners and other accused persons came at the door of the informant and started brick-batting in which the father of the informant sustained head injury, who died during the course of treatment. It is submitted by the learned counsel for the petitioner that there is no specific allegation against the petitioners rather

Patna High Court Cr.Misc. No.38196 of 2017 (2) dt.11-08-2017 2/2 allegation is general and omnibus in nature. After investigation of the case, police submitted the charge-sheet under Section 304 of the Indian Penal Code. Similarly situated co-accused namely Kalawati Devi and Dinesh Rajak have been enlarged on bail by a co-ordinate Bench of this Court vide order dated 20.03.2017 passed in Cr. Misc. no. 50021 of 2016. The petitioner has been languishing in custody since 19.05.2017.

Considering the facts and circumstances of the case, let above named petitioner, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Bikramganj in connection with Dawath P.S. Case no. 41 of 2016. (Prakash Chandra Jaiswal, J) rohit/- U T