IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18645 of 2009 GUDAR HAZI & ORS Versus THE STATE OF BIHAR ----------- 02/ 22.05.2009 Heard learned counsel for the petitioners and learned counsel for the State. 2. This petition has been filed under the provision of section 389(2) of the Code of Criminal Procedure after rejection of their application for bail by the learned court below on 08.04.2009 in Cr. Appeal No.09 of 2009, which was filed by them challenging their conviction and sentence vide judgment dated 07.03.2009 passed by the learned 2nd Assistant Sessions Judge, Supaul in S.T. No.88 of 1998 arising out of Pipra P.S. Case No.115 of 1991 (G.R. No.728/1991) for offences punishable under sections 366/34 of the Penal Code. 3. Learned counsel for the petitioners submits that the allegation against the petitioners is absolutely false and frivolous as the victim was recovered from a field near the pond from where none of the petitioners was arrested. Learned counsel for the petitioners further submits that except confinement of 3-4 days no other specific overt act has been alleged. It is further stated that there was a land dispute between the parties who were also somehow related to each other and there was a dispute with respect to adoption which is civil nature. Learned counsel for the petitioners also avers that petitioner nos.1 and 2 are old persons aged about 92 and 86 years, respectively whereas petitioner nos.3, 7 and 8 are 2 ladies and they are in custody since several months. 4. In the said facts and circumstances during the pendency of the aforesaid criminal appeal, let petitioner nos.1, 2, 3, 7 and 8, namely Gudar Hazi, Rameshwar Sah, Bachhimala Devi, Somani Devi and Rekha Devi, respectively are directed to be released on bail on furnishing bail bond of Rs.10,000.00(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Saharsa in connection with Sessions Trial No.88 of 1998. 5. So far the remaining petitioners are concerned, they may renew their prayer for bail after remaining in custody for one year. harish/ ( S.N.Hussain, J)