High Court Patna High Court - Orders

Rubi Devi &Amp; Anr vs State Of Bihar on 1 October, 2010

Patna High Court – Orders
Rubi Devi &Amp; Anr vs State Of Bihar on 1 October, 2010
              IN THE HIGH COURT OF JUDICATURE AT PATNA
                            Cr.Misc. No.28211 of 2010
   1. RUBI DEVI w/o Late Birendra Chaudhary, resident of village- Marsua, PS-
      Nalanda, District- Nalanda, at present Mohalla-Horilganj, PS Jehanabad,
      District- Jehanabad.
   2. Girja Choudhary son of late Dukhan Choudhary, resident of Mohalla-
      Horilganj, PS Jehanabad, District- Jehanabad.
                                                                     ... Petitioners.
                                       Versus
                               STATE OF BIHAR
                                      -----------

2. 01.10.2010 Heard learned counsel for the petitioners and

counsel for the State.

Earlier the prayer for bail of the petitioners was

rejected by an order dated 17.11.2009 in Cr. Misc. No.

32010 of 2009 with an observation that the petitioners may

renew their prayer for bail after completing one year of

their judicial custody.

Learned counsel for the petitioners submits that

the petitioners have remained in custody since 25.7.2009

and have completed the period of one year of their judicial

custody.

Considering this aspect, this Court would direct

for release of the petitioners, namely, Rubi Devi and Girja

Choudhary 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 Chief Judicial Magistrate,
2

Nalanda at Biharsharif in connection with S. Tr. No. 396

of 2010 arising out of Nalanda P S. Case No. 10 of 2009,

subject to the following conditions:-

(i) The two bail bonds will be furnished, one by

the Government servant and the other by a close family

relative.

(ii) The petitioners will remain present in course

of trial on each and every day and their absence even for a

single day would automatically entail the consequences of

cancellation of their bail.

(iii) The petitioners in case are now made

accused in any other criminal case, that would itself lead

to cancellation of their bail.

Subject to the aforementioned conditions, the

prayer for bail of the petitioners is allowed.

kanchan                            (Mihir Kumar Jha, J.)