Patna High CourtCR. MISC./7087/2016disposed

Mira Devi And ORS v. The State Of Bihar

2017-05-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7087 of 2016 Arising Out of PS.Case No. -164 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mira Devi, wife of Nagina Sah

2. Saheb Sah, Son of Nagina Sah

3. Nagina Sah, Son of Late Yodha Sah, All are resident of Village- Chapra Bahas, P.S.- Sugauli, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Tondon For the Opposite Party/s : Mr. Amrendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-05-2017 Heard learned counsel for the parties.

The present application has been filed for quashing the order dated 19.1.2016 passed by the learned Additional Sessions Judge XI, Motihari in Misc. Case No. 61 of 2015 whereby the anticipatory bail granted to the petitioners vide order dated 25.6.2015 in ABP No. 1091 of 2015 in connection with Sugauli P.S. Case No. 164 of 2015 registered under sections 341,323,324,307,379 and 504/34 IPC, has been cancelled on the ground that the petitioners, by filing forged injury report, misled the court.

Learned counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.7087 of 2016 (2) dt.22-05-2017 2/2 doctor who prepared the injury report has not been examined. The impugned order reflects that the learned Additional Sessions Judge, while cancelling the anticipatory bail of the petitioners, tallied the injury report filed on behalf of the petitioners with the injury report on record. Hence, this court is not inclined to interfere in the matter at this stage. However, this application is disposed of with a liberty to the learned court below to consider the prayer of the petitioners for bail on surrender without being prejudiced by the order of this court.

(Dinesh Kumar Singh, J) Anil/- U