Md. Raja And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31821 of 2015 Arising Out of PS.Case No. -3009 Year- 2014 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ ======================================================

1. Md. Raja Son of Late Fateh Hussain

2. Rustam Ali, Son of Md. Raja

3. Sajida Khatoon, Daughter of Md. Raja All Resident of village - Duldulia, P.S. Manjhagarh, District - Gopalganj .... .... Petitioners

Versus

1. The State of Bihar

2. Mohammad Salauddin Son of Mohammad Raja Resident of village - Duldulia, P.S. Manjhagarh, District - Gopalganj .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Javed Aslam, Adv. For the Opposite Party/s : Mr. P.N.Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 12-08-2015 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Complaint Case No. 3009 of 2014, Trial No. 4626/2015, disclosing offence under Sections 406, 323 and 338 of the Indian Penal Code.

Since this application arises out of a complaint case, in view of a decision of this Court reported in 2015(3) BBCJ V-53 (Salim Ansari @ Md. Salim & Ors. Vs. The State of Bihar & Anr.), it would be in the interest of justice to direct the petitioner to appear before the learned Magistrate as summons is

Patna High Court Cr.Misc. No.31821 of 2015 (2) dt.12-08-2015 2/2 said to have issued to him. If the petitioner does so, learned Magistrate will be required to pass an order in accordance with paragraph 21 of the said decision.

Accordingly, this application is disposed of with the aforesaid observation, as above.

(Chakradhari Sharan Singh, J.) Vats/- U T