IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.8258 of 2008
MAHESH RAI
Versus
THE STATE OF BIHAR
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3 4.7.2008 Heard learned counsel for the petitioner and
counsel appearing on behalf of the State.
It is a case under Section 364/34 of the
Indian Penal Code.
The victim was recovered after two months
and thereafter his statement was recorded under Section 164 of
the Cr.P.C. after one month of his recovery. In the statement
under Section 164 Cr.P.C. he names five persons and also says
that he has learnt that this petitioner was involved in the
occurrence. The Investigating Officer has submitted a final form
with respect to other five persons, whereas the investigation is
still pending, as far as this petitioner is concerned, which is
indicated in the charge-sheet. Learned counsel submits that
because the petitioner is an accused in other two cases, he has
been remanded in this case on 17.11.2007.
Considering the evidences that comes against
the petitioner till now, I direct that the petitioner, namely,
Mahesh Rai, should be released on bail on furnishing bail bonds
of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Chief Judicial Magistrate,
Siwan in connection with Bhagwanpur P.S. Case No. 37 of 2004
with the condition that one of the bailor should be a close family
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member of the petitioner and that the petitioner who attend the
Court on each and every date and as and when required by the
Court and if he absent even for a single date without cause, his
bail bond shall stand cancelled.
P.K. (Sheema Ali Khan,J.)