DEVENDRA SAHANI @ DEVENDRA MALLAH @ RATNAKARJEE SON OF LATE RAM CHANDRA SAHANI RESIDENT OF VILLAGE Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) This is an application for quashing the order dated 24th Feb. 2011 passed by the Sub-Divisional Judicial Magistrate, Sikrahana, Motihari, East Champaran by which he has refused to accept the bail bond on the ground that charge-sheet has been submitted on 24th Feb. 2011 at 10:30 A.M. before furnishing the bail bond in connection with Fenhara P.S.Case No. 28 of 2005 for the offences u/s 149, 1248, 149, 302/33 Penal Code , 17 of the Cr.L.A. Act and 27 of the Arms Act.

(2.) It appears from the record that an FIR had been instituted by one Nageshwar Mishra stating therein that his daughter, namely, Raj Kumari Devi while returning from her house Lalgarh Kararia was caught in cross-firing between the Police and the Extrimist (Naxalites) and ultimately, she succumbed to the injury which led to filing of the present case.

(3.) It appears that the FIR has been lodged against unknown but the petitioner in the aforesaid case was arrested and was remanded on 28th Aug. 2010 from Sitamarhi to Motihari in the present case on production warrant. It appears that the petitioner is in jail since 28th Aug. 2010 and, as such, the application for bail was filed by the petitioner on 23rd Feb. 2011 taking the plea that the petitioner is in jail since 28th Aug. 2010 but no charge-sheet was filed. Accordingly, on the same day, the court below granted bail to the petitioner, as provided under Sec. 167(2) Crimial P.C. on furnishing bail bond of Rs. 10,000.00 (ten thousand) with two sureties of the like amount each with the condition that one of the bailors should be the wife of the accused petitioner and the other one, a close relative.