Sajan Rajbanshi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34019 of 2018 Arising Out of PS. Case No.-83 Year-2018 Thana- GOVINDPUR District- Nawada ======================================================

1. Sajan Rajbanshi,

2. Rajan Rajbanshi Both Sons of Late Rambilash Rajbanshi @ Rambilash Ram, R/o Vill.- Govindpur Dih, P.S.- Govindpur, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-07-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Govindpur P.S. case no. 83 of 2018 instituted for the offence under Section(s) 341, 323, 279,307, 354, 504/34 of the Indian Penal Code. There is case and counter case between the parties. Injury has been sustained by both the sides. Petitioner side has also lodged a case vide Govindpur P.S. case no. 84 of 2018. In the instant case, it is alleged that accused persons including the petitioners armed with Tangi, sword and lathi assaulted and abused the informant. Petitioner no.1, namely, Sajan Rajbanshi is said to have assaulted the informant with Tangi in her head whereas petitioner no.2, namely Rajan

Patna High Court Cr.Misc. No.34019 of 2018(3) dt.26-07-2018 2/3 Rajbanshi is alleged to have committed theft of her golden chain.

The injury reports of the informant and brother of the informant have been annexed as Annexure 2 series wherein the doctor has found all the injuries sustained by informant and her brother are simple in nature.

In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Govindpur P.S. case no. 83 of 2018, they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the CJM Nawada, subject to the conditions as laid down under Section 438(2) Cr. P.C. with further conditions:(1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution

Patna High Court Cr.Misc. No.34019 of 2018(3) dt.26-07-2018 3/3 will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) shyambihari/- U T