Jai Prakash Rai And ORS v. The State Of Bihar
Patna High Court Cr.Misc. No.873 of 2017 (2) dt.12-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.873 of 2017 Arising Out of PS.Case No. -114 Year- 2012 Thana -ATHMALGOLA District- PATNA ======================================================
1. Jai Prakash Rai Son of Late Vijay Rai
2. Laxmi Kant Rai @ Laxmi Kant, Son of Sudin Rai
3. Ranjita Devi Wife of Laxmi Kant Rai, All resident of Village- Ram Nagar Kari Puchhar Ganpur , Police StationAthmalgola , District- Patna. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioners and learned counsel representing the State.
Petitioners apprehend their arrest in connection with Athmalgola P.S. Case No. 114 of 2012 registered for the offence punishable under Section 302 of the Indian Penal Code. The first information report was lodged against unknown for killing of Ravi Shankar @ Satyendra Kumar Singh in his under construction house and during investigation at first chargesheet was submitted against Sanjay Kumar and Ram Gope @ Raj Kumar and petitioners were not sent up for trial. But thereafter, cognizance has been taken against the petitioners also. It is submitted that in Sessions Trial No. 461 of 2013 a petition under Section 319 Cr.P.C. was filed to summon the
Patna High Court Cr.Misc. No.873 of 2017 (2) dt.12-01-2017 petitioners also but that petition was rejected vide order dated 03.02.2016 in Sessions Trial No. 461 of 2013. As the cognizance has been taken the petitioners are apprehending their arrest. Learned APP submits that it is true that against the petitioners chargesheet was not submitted but cognizance has been taken.
In the facts and circumstances stated above, the petitioners above named, in case of their surrender or arrest within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge I, Barh, Patna in connection with Athmalgola P.S. Case No. 114 of 2012, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) avin/- U T