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Patna High CourtCR. MISC./48191/2016disposed

Amod Kumar And ORS v. State Of Bihar And ANR

2016-11-28Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48191 of 2016 Arising Out of PS.Case No. -773 Year- 2014 Thana -VAISALI COMPLAINT CASE DistrictVAISHALI(HAJIPUR) ======================================================

1. Amod Kumar S/o late Babu Sahani

2. Lal Babu Sahani Son of Jagarnath Sahani

3. Manju Devi W/o Lal Babu Sahani All Resident of Village- Imadpur Chatti, P.S. Bhagwanpur, District Vaishali.

.... .... Petitioners

Versus

1. The State of Bihar

2. Rashmuni Devi W/o Ramanand Rai, Resident of Village- Imadpur Chatti, P.S. Bhagwanpur, District Vaishali.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-11-2016 Heard Sri Ashok Kumar, learned counsel, who was assisted by Sri Sunil Kumar Singh, learned counsel for the petitioners and learned Addl. Public Prosecutor. Three petitioners have approached this Court with a prayer to grant anticipatory bail in Complaint Case no.773/2014, Tr.No.7556/2014 for the offence under Sections 448, 380, 504 of the Indian Penal Code and 3/ 4 of Prevention of Witch( Daain) Practices Act.

Learned Addl. Public Prosecutor, at the very outset, pointed out that the petitioners' prayer for grant of anticipatory bail was not entertained by the learned Sessions Judge only on the

Patna High Court Cr.Misc. No.48191 of 2016 (2) dt.28-11-2016 2/2 ground that the trial court has issued summons for securing appearance of the accused persons.

Keeping in view the fact that petition of petitioners for grant of anticipatory bail was not entertained by the court below only on the ground that in the case only summon was issued, there is no reason to entertain the present petition for grant of anticipatory bail.

The petition stands disposed of. If so advised, the petitioners may avail appropriate remedy.

(Rakesh Kumar, J) NKS/- U T