IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22870 of 2009 KAILASH RAM Versus STATE OF BIHAR With Cr.Misc. No.22443 of 2009 CHANDAN DEVI Versus STATE OF BIHAR ----------- 2 21.07.2009 Heard both sides. Both the matters arise out of K.Nagar P.S.Case no. 294/08, instituted under Sections 302/34 of the Penal Code, and as such, they have been heard together. The present order shall govern both the cases. The allegation as per the F.I.R. is that petitioner Chandan Devi and one co-accused, namely, Deepak Kumar caught hold of the deceased. Whereafter petitioner Kailash Ram (in Cr. Misc. No. 22870/09) assaulted by means of ‘lathi’. Thereafter, it appears, there is general allegation that all the three rode on the chest of the injured. Learned counsel for the petitioners referring to post mortem report submits that the deceased received only one injury. The cause of death is cardio respiratory failure because of the injuries sustained by him. Learned counsel for the petitioners submits that petitioner Chandan Devi is a lady and because of previous animosity which is reflected from the F.I.R. itself, she too has been named with a minor allegation that she caught hold of the victim. It appears that she is in custody since 23.12.2008. 2 Having regard to that aspect of the matter, this court is persuaded to admit her to bail. Petitioner, namely, Chandan Devi ( in Cr. Misc. No. 22443 of 2009) is directed to be released on bail on furnishing bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, Fast Track Court No. VII, Purnea in connection with Sessions Trial No. 354 of 2009, K.Nagar P.S.Case no. 294/08. So far as petitioner, namely, Kailash Ram ( in Cr. Misc. No.22870/09) is concerned, there is direct allegation against him. The post mortem report, prima-facie, supports the allegation. He is in custody since 22.12.2008. In the facts and circumstances of the case, prayer for bail made on behalf of the petitioner Kailash Ram is rejected. Learned counsels for the petitioner as well as learned counsel for the informant admit before this court that the trial is under way. In that view of the matter, this court only observes that if all the prosecution witnesses are not examined within 10 months from the date of receipt/communication of a copy of this order in the court below, the petitioner, namely Kailash Ram shall have liberty to renew prayer for bail. Sym/ (Kishore K. Mandal, J.)