Banarshi Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7085 of 2016 Arising Out of PS.Case No. -163 Year- 2012 Thana -LALGANJ District- VAISHALI(HAJIPUR) ======================================================
1. Banarshi Devi wife of Rambilash Rai
2. Meena Devi wife of Anil Rai, Both residents of Village- Etwarpur, P.S.- Lalganj, District- Vaishali.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Binod Kumar 3 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-02-2016 Heard the learned counsel for the petitioners as well as the learned A.P.P for the State.
The petitioners seek bail in a case for the offences punishable under sections 147, 148, 149, 341, 323, 324, 325, 302, 307 and 504 of the I.P.C Though the petitioners are named in the FIR but after completing investigation they have not been charge sheeted, but later on they have been summoned under section 193 Cr.P.C. Submission is of false implication and that in this case other co-accused who have been charge sheeted, namely, Rambilash Rai, Upendra Rai and Sunil Rai have already been allowed bail by different Benches of this Court and as such the
Patna High Court Cr.Misc. No.7085 of 2016 (2) dt.12-02-2016 2/2 petitioners who are suffering in custody since 22.01.2016 deserve sympathetic consideration, to which the learned A.P.P. does not dispute.
In the facts and circumstances as stated above, the petitioners are also directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of 8th Additional Sessions Judge, Hajipur, Vaishali in Sessions Trial No. 287 of 2014 arising out of Lalganj P.S. Case No. 163 of 2012, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T