Ramjee Rai @ Ramji Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23963 of 2016 Arising Out of PS.Case No. -253 Year- 2015 Thana -RIGA District- SITAMARHI ====================================================== Ramjee Rai @ Ramji Rai, Son of Ram Naresh Rai, resident of Vishwanathpur, P.S. Dumra, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashhar Mustafa For the Opposite Party/s : Mr. Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-05-2016 Heard.

The petitioner seeks bail in a criminal prosecution registered under Section 364/34 of the Indian Penal Code. Taking into consideration the fact that the petitioner is not named in the FIR vide Annexure-1 as an accused, which has been lodged by non-else, but by the victim himself, and further taking into consideration the fact that his involvement in the present case has been suspected on the basis of alleged confession made before the police, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of bail. In the aforesaid facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sitamarhi in connection with Riga P.S. Case No.253 of 2015, subject to the conditions that: (A) One of the bailors must be a government servant (B) other bailor shall be either his family member or a close relation of the petitioner, who will file an

Patna High Court Cr.Misc. No.23963 of 2016 (2) dt.30-05-2016 affidavit in the court below showing his/her relationship with the petitioner, (C) if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/prosecution shall be at liberty to file a petition for cancellation of bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned;

(D) the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every date, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Prasad Verma, J) Arvind/- U T