IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15986 of 2009 RAM NIWAS RAI Versus STATE OF BIHAR With Cr.Misc. No.9516 of 2009 JITENDRA RAI Versus STATE OF BIHAR With Cr.Misc. No.9749 of 2009 NAND KISHORE RAI Versus STATE OF BIHAR With Cr.Misc. No.9949 of 2009 SHANKAR RAI Versus STATE OF BIHAR with Cr.Misc. No.10012 of 2009 TARKESHWAR RAI Versus STATE OF BIHAR With Cr.Misc. No.16020 of 2009 PREMA RAI @ PARMA BHAGAT Versus STATE OF BIHAR ------- 3. 25.05.2009 Heard counsel for the parties. Since all the six cases arise out of the same police case being Maner P.S.Case No.84 of 2008, instituted under sections 302,201,363,366 and 120B IPC, they have been heard together and are being disposed of by this common order. As per the allegations in the FIR, the mother of the informant was done to death by the agnates of her family. However, it appears that the informant is not an eye-witness to the occurrence. Two of her unmarried sisters, namely, Chanda - 2 - Devi and Mamta Kumari are the eye-witnesses to the occurrence. Their statements under section 164 Cr.P.C. were recorded after few days of the occurrence wherein they indicated the complicity of the accused persons. Counsel for the petitioners submits that one of the co-accuseds of the present case, namely, Lakri Rai has been granted bail by this Court under order dated 20.01.2009, passed in Cr. Misc. No.46511 of 2008, whereas one of the petitioners herein, namely, Jitendra Rai was refused bail. From perusal of the order, it appears that the reason assigned for granting bail to the co-accused Lakri Rai is under: “On perusal of annexure-2 and 3 it would appear that none of the eye witnesses has named petitioner no.1 Lakri Rai in any manner.” Counsel for the petitioners states that looking to the statements made by the two girls, it would definitely appear that they have not named at least Ram Niwas Rai as one of the co-accuseds in their respective statements under section 164 Cr.P.C. Counsel for the State is not in a position to dispute this position. In the facts and circumstances of the case, let the petitioner Ram Niwas Rai(Cr.Misc. No.15986 of 2009), be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of - 3 - ACJM, Danapur in connection with Maner P.S.Case No. 84/08, subject to the condition that one of the bailors should be his own/close family member. So far as other petitioners are concerned, both or either of aforesaid witnesses have/has named them. In that view of the matter, this Court is not inclined to grant them the privilege of bail. accordingly, prayers made on their behalf stand rejected. hr ( Kishore K. Mandal )