Ram Pravesh Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42860 of 2015 Arising Out of PS.Case No. -10 Year- 2006 Thana -MANER District- PATNA ======================================================

1. Ram Pravesh Rai S/o Late Matab Rai,

2. Mahesh Rai, S/o Late Matab Rai,

3. Kanta Rai @ Kamta Rai, S/o Late Matab Rai,

4. Sanjay Rai, S/o Late Harichanaran Rai,

5. Kanchaniya Devi @ Kanchan Devi, W/o Late Raj Grih Rai. All residents of village - Haldi Chhapra Dhajwa Tola, P.S. - Maner, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s : Mr. Ashraf Ansari (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-10-2016 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State.

The petitioners apprehend their arrest in connection with Maner P.S. Case No. 10 of 2006 for the offences registered under Sections 302, 201/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that earlier final form had been submitted against the husband of the victim lady but the present petitioners were not put up for trial. However,

subsequently, the names of the present petitioners have also been brought in. It is further submitted that so far as the petitioner nos. 1,2,3 and 4 are concerned, they are neighbours and co-villagers whereas petitioner no. 5 is the mother-in-law, who is an old lady. It is further submitted that husband of the victim lady was taken into custody and he has since been released on bail.

Learned counsel for the State after perusal of the case diary submits that even in the case diary, there is no further cogent material against these petitioners and the independent witnesses have stated that, in fact, the victim lady died on account of diarrhea and when she was being taken for treatment, she died on the way to hospital.

Considering the fact that there is no cogent material in the case diary against these petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 Judicial Magistrate, 1st Class, Danapur in connection with Maner P.S. Case No. 10 of 2006, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) Jagdish/- U