Md. Habibur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35270 of 2014 Arising Out of PS.Case No. -1768 Year- 2013 Thana -KATIHAR COMPLAINT CASE DistrictKATIHAR ====================================================== Md. Habibur Rahman, Son of Md. Sajjad, Resident of Kuchai, P.S. Pranpur, District Katihar.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh For the Opposite Party/s : Mr. Anil Kumar Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DHARNIDHAR JHA ORAL ORDER 11-02-2015 Heard both sides.

Let the petitioner surrender and show to the Magistrate Section 88 of the Code of Criminal Procedure. The Magistrate is advised to consider the import and purpose of framing Section 88 Cr.P.C., which requires admission of a person to bail, if he has been summoned to appear before a court by a Magistrate of competent jurisdiction. The Court believes that the Magistrate shall act as per that provision without being prejudiced that the petitioner had preferred anticipatory bail petition up to the High Court. The petition stands disposed of with the above noted observations.

(Dharnidhar Jha, J.) Sanjay/- U T