IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26132 of 2010
1. Ashok Mistry, son of Late Basdeo Mistry, resident of Jorabarpur Pachath, P.S. - Beldour,
District - Khagaria.
2. Radhiya Devi, W/o - Ashok Mistry, resident of Jorabarpur Pachath, P.S. - Beldour,
District - Khagaria.
--------- Petitioners.
Versus
THE STATE OF BIHAR ---- Opposite Parties.
-------
02. 31.08.2010 Heard learned counsel for the two petitioners and learned
Additional Public Prosecutor for the State.
Petitioners are solitary named accused in Beldaur P.S. Case No.
88/2006, but after investigation police submitted charge sheet against none
First Information Report accused Chhatri Yadav, who is none else than
brother of the informant. During trial, petitioners have summoned under
section 319 of the Criminal Procedure Code, on the basis of the witnesses
examined in trial who are related to prosecution side.
Considering the facts and circumstances of the case, in the event
of their arrest/surrender before the court below within four weeks of receipt
of the copy of this order, petitioner, namely, Ashok Mistry and Radhiya Devi,
are directed to be released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand only) each with two sureties of the like amount each to the
satisfaction of Assistant Sessions Judge II, Khagaria, in connection with
Sessions Case No. 662/2008 arising out of Beldour P.S. Case No. 88 of
2006, subject to condition laid down under Section 438(2) of the Criminal
Procedure Code with additional condition to remain physically present
before the court below on each and every date at least for one year or till
disposal of the case whichever is earlier, in case of failure on two
consecutive dates, the liberty shall be deemed to be cancelled.
Rajeev/ (Akhilesh Chandra, J.)