Jagdish Panjiyara And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38737 of 2015 Arising Out of PS.Case No. -157 Year- 2015 Thana -AMARPUR District- BANKA ======================================================
1. Jagdish Panjiyara, Son of Kallar Panjiyara,
2. Indu Devi, Wife of Sanjib Panjiyara,
3. Kiran Devi, Wife of Dhananjay Panjiyara,
4. Nirmala Devi @ Usha Devi, Wife of Prabhat Ranjan @ Pappu Panjiyara. All are residents of Village- Nagardih, P.S.- Phullidumar, District- Banka. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Ajay Kr.Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 28-09-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 447, 337, 307, 120B of the Indian Penal Code and 25(1-B)a/26/27 of the Arms Act. The prosecution case is that Dhananjay Panjiyara, Sanjeev Panjiyara, Prabhat Ranjan @ Pappu and Punit Panjiyara resorted to indiscriminate firing on Julmi Panjiyara
Patna High Court Cr.Misc. No.38737 of 2015 (2) dt.28-09-2015 2/3 when the daughter-in-law of the informant Fulan Devi came to rescue then Sanjeev Panjiyara caused firearm injury to her on the order of petitioner no. 1. It is alleged against petitioner nos. 2 to 4 that they pelted bricks.
It is submitted by learned counsel for the petitioners that daughter-in-law of the informant has received only one multiple marginal size explosive injury which is contrary to the accusation that she received firearm injury at the hands of Sanjeev Panjiyara.
Considering the fact that petitioner no. 1 Jagdish Panjiyara is accused in two other cases, let the learned court below consider the prayer for regular bail of petitioner no. 1, preferably on the same day, if he surrenders within a period of six weeks from today keeping in view of the fact that the accusation of assault is not alleged against him. So far petitioner nos. 2 to 4 are concerned, since the accusation against them is not being corroborated with the medical opinion and they are being ladies, let the above named petitioner no. 2 to 4 be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of
Patna High Court Cr.Misc. No.38737 of 2015 (2) dt.28-09-2015 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 157 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T