Bishal Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47401 of 2018 Arising Out of PS.Case No. -68 Year- 2018 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Bishal Kumar Singh, Son of Binay Kumar Singh.

2. Kabita Devi, Wife of Binay Kumar Singh, Both resident of VillageKurmadih, P.S. Shambhuganj, District- Banka.

3. Chinki Devi, Wife of Bijay Singh, resident of Village- Sundari, P.S. Siwan, District- Siwan at Present Address.- Village- Kurmadih, P.S.- Shambhuganj, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-08-2018 At the very outset, learned counsel for the petitioners has submitted that petitioner no. 2, during pendency, of this application has already been arrested as such this application with regard to petitioner no. 2 has become infructuous and he may be permitted to withdraw this application so far petitioner no. 2 is concerned.

Permission is accorded.

This application, so far petitioner no. 2 is concerned, is dismissed as withdrawn having become infructuous. So far other petitioners are concerned, they are apprehending their arrest in connection with Shambhuganj P.S.

Patna High Court Cr.Misc. No.47401 of 2018 (2) dt.14-08-2018 2/2 Case No. 68 of 2018, registered for offences punishable under Sections 323, 385, 353, 504, 506/34 of the Indian Penal Code. Allegation against the petitioners that they abused the informant, who is a Sarpanch and also damaged the registers and records kept in Gram Kachahari.

It has been submitted on behalf of the petitioners that they have falsely been made accused in this case and only general and omnibus allegation has been levelled against them. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather this application is disposed of with direction to the petitioners to surrender before the court below and make prayer for regular bail and if any such application is filed the court below shall consider the same on the merit of the case and shall pass an appropriate order, if possible on same day, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T