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Patna High CourtCR. MISC./2757/2019bail granted

Sikandra Panjiyara @ Sikander Panjiyara @ ANR v. The State Of Bihar

2019-01-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2757 of 2019 Arising Out of PS. Case No.-235 Year-2016 Thana- RAJAON District- Banka ======================================================

1. Sikandra Panjiyara @ Sikander Panjiyara, son of Ramdeo Panjiyara

2. Divya Bharti, wife of Sikandar Panjiyara.

Both are resident of village-Naripa, P.S- Rajoun, Dist- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rang Nath Pandey, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioners and learned counsel for the State being assisted by the learned counsel for the informant.

The petitioners seek pre-arrest bail in connection with Rajoun P.S. Case No.235 of 2016 registered for the offences punishable under Sections 341, 323, 308, 504 and 506 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioners that the allegations made in the first information report are false. The first information report has been registered in retaliation to Rajoun P.S. Case No.236 of 2016, which is pending against the informant before the learned Additional Sessions Judge, Banka in Session Trial No.468 of 2017. The institution of the FIR has been made just in order to put pressure

Patna High Court Cr.Misc. No.2757 of 2019(2) dt.22-01-2019 2/2 upon the petitioners so that they may compromise the aforesaid sessions trial. He further contended that all the offences alleged are bailable except section 308 of the Indian Penal Code and the injury sustained by the informant has been found to be simple in nature.

Learned counsel for the State opposed the application for grant pre-arrest bail to the petitioners. Considering the submissions made above, in the event of arrest or surrender in the court below, the petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No.235 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Ashwani Kumar Singh, J.) Sanjeet/- U T