Parwati Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5872 of 2015 Arising Out of PS.Case No. -2 Year- 2009 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF) ======================================================

1. Parwati Devi.

2. Dharmendra Prasad.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Premchandra Yadav, Advocate. For the Opposite Party : Mr. Yogendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-03-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Section 304(B)/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioners that the petitioners have been summoned in exercise of jurisdiction under Section 319 Cr. P.C. The case was initially registered under Section 304(B)/34 of the I.P.C. but the petitioners were not sent up for trial, however, others were charge sheeted under Section 304 of the I.P.C.

The impugned order does not reflect the discussion of evidence which persuaded the learned trial court to summon the petitioners in exercise of

Patna High Court Cr.Misc. No.5872 of 2015 (2) dt.03-03-2015 2 / 2 jurisdiction under Section 319 Cr. P.C.

Considering the aforesaid facts, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with S.T. No. 60 of 2010, arising out of Laheri P.S. Case No. 02 of 2009 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge, Nalanda at Biharshariff, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Learned court below will be liberty to cancel the bail bonds of the petitioners if they default of two consecutive occasions.

U.K./- (Dinesh Kumar Singh, J) U T