Ramapati Singh @ Ramapati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5586 of 2018 Arising Out of PS.Case No. -124 Year- 2009 Thana -BARAHIYA District- LAKHISARAI ======================================================

1. Ramapati Singh @ Ramapati Devi W/o Suresh Singh, R/o VillageBarahiya, P.S.- Barahiya, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-02-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Barahiya P.S.Case No. 124 of 2009 registered under Sections 304 and 308/34 of the Indian Penal Code.

Regard being had to the fact that on completion of investigation the police had submitted final report holding the prosecution case to be a 'mistake of fact' but the learned Magistrate differed with the police report and took cognizance of the offence punishable under Sections 304 and 308 of the Indian Penal Code, in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees

Patna High Court Cr.Misc. No.5586 of 2018 (2) dt.08-02-2018 2/2 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Barahiya P.S.Case No. 124 of 2009, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J) Pradeep/- U T