Samshida Khatoon v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39702 of 2017 Arising Out of PS.Case No. -257 Year- 2016 Thana -RUPAULI District- PURNIA ======================================================
1. Samshida Khatoon Wife of Md. Lal Resident of Village - Nayatola Basgadha, Police Station - Rupauli, District - Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Md. Kalim Son of Late Md. Israfil
3. Md. Mahiuddin Son of Late Md. Israfil
4. Md. Noushad Son of Md. Kalim
5. Md. Babar Son of Md. Kalim
6. Md. Shamshad Son of Md. Kalim
7. Md. Shajad Alam Son of Mohiuddin
8. Majid Son of Mohiuddin All residents of Village - Nayatola, Basgadha, Police Station - Rupauli, District - Purnea.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad For the Opposite Party/s : Mr. Sri Ram Priya Sharan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 21-02-2018 Heard the learned counsels for the parties.
Opposite party nos. 2 to 8 were granted anticipatory bail by the court below by the order dated 22.05.2017 on the grounds that there was a general and omnibus allegation against all the accused persons of having assaulted the informant and others, causing injuries to them and there being a counter case as well. The court below also took into account that in the counter case, the accused persons were granted anticipatory bail. Merely because it was erroneously submitted on behalf of the opposite parties before the court below that the
Patna High Court Cr.Misc. No.39702 of 2017 (2) dt.21-02-2018 2/2 injuries were simple in nature, the order of bail passed by the court below after perusing the case diary and the injury report, cannot be set aside.
Mr. Uday Chand Prasad, learned Advocate for the petitioner has not been able to make out any good ground for cancellation of bail of opposite party nos. 2 to 8. Accordingly, the present petition is dismissed. (Ashutosh Kumar, J.) Rakhi U T