Dali Mian @ Dalli Mian And ORS v. The State Of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.445 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Dali Mian @ Dalli Mian, S/o Late Nazruddin Mian,

2. Kalam Mian, Son of Hukumat Mian.

3. Islam Mian, son of Sabir Mian.

4. Sainul Mian, son of Late Hajrat Mian All are residents of VillageSekhawatola, Adapur, P.S.- Adapur, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar No.Iii For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2017 Heard the parties.

This application is for grant of anticipatory bail in connection with Adapur P.S.Case No.8 of 2016 for the offence under Sections 147, 149, 448, 341, 323, 324, 307 and 379 of the Indian Penal Code.

It is submitted on behalf of the petitioners that there is a case and counter-case between the parties and earlier a case was filed by the petitioners' side also. It is also submitted that there is general and omnibus allegation against the petitioners, though it is alleged that the injury is caused on the head of the daughter-in-law of the informant but he has instruction that they have not received

- 2 - any injury, as such the petitioner deserves anticipatory bail. Heard learned A.P.P. also, who opposes the prayer for anticipatory bail on the ground that there is material available on the record to show that the injury has been caused on the head of the daughter-in-law of the informant.

Having heard both sides. Considering the aforesaid submission that there is injury on the person of the daughter-inlaw of the informant, let the petitioners, above named, surrender before the court below and pray for regular bail and the court below will examine this aspect of the matter as to whether there are any serious injuries on the person of the daughter-in-law of the informant and the court below will also consider the above aspects of the matter that there is a case and counter case lodged from earlier and considering all aforesaid aspects of the matter, the learned court below will dispose of the application for regular bail of the petitioners preferably on the same day without being prejudiced by order of this Court.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U

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