Ram Babu Ray And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.3859 of 2015 (3) dt.11-06-2015
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.3859 of 2015 Arising Out of PS.Case No. -56 Year- 2010 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ======================================================
1. Ram Babu Ray S/o - Late Ram Nihora Ray
2. Akhilesh Ray S/o- Ram Babu Ray
3. Tetari Devi W/o Ram Babu Ray
4. Seem Kumari d/o - Ram Babu Ray All Resident of village- Shekhpura P.S- Rajapakar Distt- Vaishali .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar No-1 For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE V.N. SINHA ORAL ORDER 11-06-2015 Heard learned counsel for the petitioners and learned counsel for the State.
The petitioners are apprehending their arrest in connection with Rajapakar P.S. Case No.56 of 2010 registered for the offences under Sections 304 (B), 201 and 120 (B) of the Indian Penal Code.
It is submitted on behalf of the petitioners that the husband of the deceased has already been acquitted, as none of the members of the prosecution party implicated him during the trial, which fact would appear from the judgment dated 24.3.2015 passed in Sessions Trial No.14/2015. It is further submitted on behalf of the petitioners that petitioner Nos. 1, 3 and 4 are father,
Patna High Court Cr.Misc. No.3859 of 2015 (3) dt.11-06-2015 mother and sister-in-law of the deceased respectively and when the prosecution party members have not deposed against the husband, they are not likely to depose against the aforesaid petitioners.
Be that as it may, let petitioner Nos. 1, 3 and 4 surrender in the court below within four weeks from the date of receipt/production of a copy of this order in the court below and thereafter be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/-each with two sureties of the like amount each to the satisfaction of Sri Ravi Kumar, Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Rajapakar P.S. Case No.56 of 2010, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
So far as petitioner No.2 is concerned, he has already been arrest.
In the circumstances, his application has become infructuous.
(V.N. Sinha, J) V.P.Sinha/- U