Sikandra Khan @ Sikander Khan @ Md. Sikandar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21405 of 2024 Arising Out of PS. Case No.-608 Year-2016 Thana- SHASTRINAGAR District- Patna ====================================================== Sikandra Khan @ Sikander Khan @ Md. Sikandar SON OF YUNUF KHAN Resident Of Mohalla -Madarsa Gali, Samanpura, P.s-Shastri Nagar,DistrictPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Shastri Nagar P.S Case No. 608 of 2016 registered for the offences punishable under Sections 302/328/34 and of the I.P.C.
3. As per allegation in the FIR, co-accused Sikander Khan being informant's Bhaisur along with his family members used to threaten to kill her husband namely Sitara Khan. Accused persons had also tried to set her house on fire and threatened with dire
Patna High Court CR. MISC. No.21405 of 2024(3) dt.19-04-2024 2/3 consequences.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that petitioner is innocent. It is also submitted that petitioner is in judicial custody since 05.02.2023.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, impugned order it appears involvement of petitioner and other co-accused person in this case is on the basis of suspicion. In same nature of case other co-accused person already granted bail by the Co-ordinate Bench of this Court vide order 12.09.2023 in Cr. Misc. No. 33612 of 2023 and order dated 16.02.2024 passed in Cr. Misc. No. 6304 of 2024. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail after framing of the charge on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.21405 of 2024(3) dt.19-04-2024 3/3 amount each to the satisfaction of learned ACJM- IX, Patna in connection with Shastri Nagar P.S Case No. 608 of 2016.
7. The trial court is directed to conclude the proceeding of framing of charge according to law within a period of 15 days from the date of receipt of a copy of this order. However, it is made clear that if the chargesheet has not been submitted then the petitioner shall be released on bail on the above conditions and he shall be present physically on each and every date before the trial court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Mayank/- U T