Ramdeo Ray @ Ramdev Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50546 of 2023 Arising Out of PS. Case No.-176 Year-2019 Thana- PIPRAHI District- Sheohar ====================================================== RAMDEO RAY @ RAMDEV RAI SON OF BARAN RAY RESIDENT OF VILLAGE- LALUA, PS- PIPRAHI, DIST- SHEOHAR ... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dr. Bipin Chandra For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No. 39 of 2020, arising out of Piprahi Police Station Case No. 176 of 2019, registered for the offences punishable under Sections 147/148/149/302/307/ 323/324/436/ 504 of the Indian Penal Code.
3. This is the fourth attempt on behalf of the petitioner for grant of regular bail. On the last occasion, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 22.02.2023, passed in Criminal Misc. No. 5283 of 2023, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order, if the trial is not concluded.
Patna High Court CR. MISC. No.50546 of 2023(2) dt.02-08-2023 2/3
4. The allegation against the petitioner, as per the First Information Report, is that he assaulted the 13-months old minor child of the informant on her forehead as well as on her foot, due to which she died.
5. Learned Counsel for the petitioner submits that the petitioner is in custody since 12.05.2020. He further submits that the trial has not yet been concluded and statement to this effect has been made in paragraph 11 of this application.
6. After having heard learned Counsel for the parties and taking into consideration the fact that the petitioner has remained in custody for more than three years and the pendency of the trial for a long period, I am inclined to grant regular bail to the petitioner.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Sheohar, in connection with Sessions Trial No. 39 of 2020, arising out of Piprahi Police Station Case No. 176 of 2019.
9. This is subject to the condition that the petitioner shall
Patna High Court CR. MISC. No.50546 of 2023(2) dt.02-08-2023 3/3 present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √