Nirmal Devi @ Nirmala Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54833 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -JOGBANI RAIL P.S. District- KATIHAR ======================================================

1. Nirmal Devi @ Nirmala Devi, Wife of Gopal Prasad Das,

2. Sagar Kumar @ Sagar Kumar Das, Son of Gopal Prasad Das, Both 1 and 2 resident of Village/Mohalla- Matihari, Ward No. 04, Police Station- Farbisganj, District- Arariya.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate. Mr. Sanchay Srivastava, Advocate.

For the State : Mr. Raju Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-01-2018 Heard learned counsel for the petitioners and the State.

The prayer for bail of these petitioners was earlier rejected by this Court vide order dated 17.05.2017 passed in Cr. Misc. 21718 of 2017 with liberty to renew their prayer for bail after six months if no substantive progress is made in the Trial. Report has been called for from the court below which has been received. From the report it appears that after framing of charge in this case on 11.11.2017, only two witnesses have been examined. The petitioners are said to be in custody since 11.03.2017.

Keeping in view the period of custody and the fact that

Patna High Court Cr.Misc. No.54833 of 2017 (6) dt.31-01-2018 2/2 only two witnesses have been examined by the Trial Court, prayer for bail of the petitioners is allowed. Let the petitioners above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Jogbani Railway P.S. Case No. 06 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioners.

The petitioners in any manner will not try to hamper the trial by intimidating or influencing the witnesses and will remain present on each and every date of trial. Any two subsequent defaults will result in cancellation of bail bonds in the court below.

(Sanjay Priya, J) S.Ali/- U T