Patna High CourtCR. MISC./50029/2015bail granted

Mithilesh Rai And ORS v. The State Of Bihar

2015-11-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50029 of 2015 Arising Out of PS.Case No. -78 Year- 2013 Thana -PATORI District- SAMASTIPUR ======================================================

1. Mithilesh Rai Son of Teja Rai,

2. Pramila Devi, Wife of Mithilesh Rai,

3. Nitish Kumar, @ Nitish Kumar Rai, Son of Mithilesh Rai,

4. Raman Rai, Son of Chhedi Rai, All are resident of village - Jalalpur, P.S. - Patory (Mohanpur O.P.), District - Samastipur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-11-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 304(B), 201, 34 of the Indian Penal Code registered in connection with Patori P.S. Case No. 78 of 2013.

3. It is submitted that the petitioners have been falsely implicated and after due investigation the petitioners were not sent up for trial. It is only in course of trial of the husband of the deceased, the petitioners have been summoned under Section 319 Cr.P.C.

4. Having regard to the entirety of the facts and

Patna High Court Cr.Misc. No.50029 of 2015 (2) dt.04-11-2015 circumstances of the case, in the event of the petitioners arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Patori P.S. Case No. 78 of 2013 subject to the conditions as laid down under Section 438 (2) Cr.P.C. with the additional condition that the petitioners shall remain physically present as and when required during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T