High Court Patna High Court - Orders

Ashok Mistry &Amp; Anr vs State Of Bihar on 31 August, 2010

Patna High Court – Orders
Ashok Mistry &Amp; Anr vs State Of Bihar on 31 August, 2010
                     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.)