Seikh Usman @ Usman And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.6054 of 2015 (2) dt.13-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6054 of 2015 Arising Out of PS.Case No. -39 Year- 2014 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Seikh Usman @ Usman son of Sekh Sultan

2. Abdul son of Sabbir Both resident of village - Milky Dumaria

3. Md. Irshad son of Md. Usman Resident of village - Verhar, all P.S. - Narpatganj (Bathnaha), Dist - Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s Mr. Ram Chandra Sahni(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 13.02.2015 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.

It would appear from perusal of the impugned order of the learned Sessions Judge dated 19.11.2014 that learned Sessions Judge has already observed that no case under section 364 of the IPC is made out and rest sections are bailable in nature and in the light of the aforesaid observation, learned Sessions Judge directed the petitioners to surrender before the court below for regular bail but in stead of surrendering before the court, petitioners approached this court. In my view, conduct of the petitioners is not appreciable and they must respect the direction given by learned Sessions Judge. Accordingly, this petition filed in connection with Narpatganj (Bathnaha) P.S. Case no. 39/2014 stands disposed of with

Patna High Court Cr.Misc. No.6054 of 2015 (2) dt.13-02-2015 direction to petitioners to surrender before the Chief Judicial Magistrate, Araria/ concerned court and seek regular bail as directed by learned Sessions Judge and furthermore, the concerned court shall pass appropriate order on regular bail application of the petitioners, particularly, keeping in mind the observation made by the learned Sessions Judge in his impugned order dated 19.11.2014. Let this order be communicated to the court of the Chief Judicial Magistrate, Araria in Narpatganj (Bathnaha) P.S. Case no. 39/2014 through FAX at the cost of the petitioners. shahid (Hemant Kumar Srivastava,J) U T