Rafique @ Md. Rafique And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38022 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -PATHAMARI District- KISANGANJ ======================================================

1. Rafique @ Md. Rafique son of Farinuddin @ Farijuddin

2. Noor Mohammad son of Haji Rahimuddin @ Rahimuddin

3. Bahadur son of Haji Baharuddin All residents of village Teli Bhitta, P.S. Pathamari, District Kishanganj. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bhola Prasad, Adv. For the Opposite Party/s : Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 31-08-2016 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Pathamari P.S. Case No. 5 of 2016 registered for offences under sections 341, 323, 447, 328, 504, 506 and 302/34 of the Indian Penal Code.

The petitioners had earlier moved before this Court for anticipatory bail in Cr. Misc. No. 26699 of 2016 which was withdrawn by the learned counsel for the petitioners. This is the second anticipatory bail application of the petitioners. It was propriety of the petitioners that instead of approaching this Court, they should have appeared before the

Patna High Court Cr.Misc. No.38022 of 2016 (2) dt.31-08-2016 court below and sought relief in accordance with law. Let the petitioners surrender before the court below within a period of four weeks from today and if they surrender within the aforesaid period of four weeks, the court below will consider the case of the petitioners and pass necessary orders without being prejudiced by this order.

(Shivaji Pandey, J) Rishi/- U T