Indal Ravidas And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79382 of 2018 Arising Out of PS. Case No.-195 Year-2018 Thana- KHIJARSARAI District- Gaya ======================================================

1. Indal Ravidas.

2. Bindal Ravidas @ Bindal Das.

Both Sons of Late Sideswar Ravidas @ Late Sidewar Das Resident of

3. village- Nagariyawa Tola Sunderpur, P.S.- Khizersarai, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar - 1 (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-02-2019 Heard learned counsel for petitioners and learned counsel for the State.

Petitioners, who are in custody, seek bail in connection with Khizersarai P.S. Case No. 195 of 2018 registered for the offences punishable under Sections 147, 148, 323, 380, 452, 354, 302 of the Indian Penal Code and Section 27 of the Arms Act.

Informant who is the husband of deceased has alleged that while he, his wife and other family members were in the house at about 09:45 P.M. on 15.07.2018 F.I.R. named accused persons entered the house and started assaulting the family members and teasing his wife and on protest she was assaulted by Samru Manjhi and Ajay Manjhi as a result of

Patna High Court Cr.Misc. No.79382 of 2018(3) dt.07-02-2019 2/3 which she died. However, during investigation it has come that deceased was killed by her family members because of her illicit relations and statement of daughter of informant was recorded in which she has stated that she learnt from her sister that petitioners are instrumental in killing of her mother. It has been submitted on behalf of the petitioners that they are innocent and have committed no offence. They have been falsely implicated in this case and except said statement there is no any other incriminating material against him. Police has also not recorded her statement under Section 161 of Cr.P.C. Charge sheet has already been submitted. Petitioners have no criminal antecedent and are in custody since 27.08.2918.

Considering the aforesaid fact and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 4th , Gaya, in connection with Khizersarai P.S. Case No. 195 of 2018 , subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and their absence on two consecutive dates without

Patna High Court Cr.Misc. No.79382 of 2018(3) dt.07-02-2019 3/3 sufficient reasons, their bail bond shall be cancelled by the court below.

(3) If the petitioners tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners. (S. Kumar, J) Rajiv/- U T