Sunita Devi And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36356 of 2018 Arising Out of PS. Case No.-89 Year-2017 Thana- MADHUBAN District- East Champaran ======================================================

1. Sunita Devi, wife of Harendra Paswan.

2. Kundan Kumar, son of Harendra Paswan.

3. Harendra Paswan son of Gagan Paswan.

All resident of Village- Dulma, Police Station- Madhuban, District- East Champaran.

... ... Petitioners

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. Sri Abhay Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 28-06-2018 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Madhuban P.S. Case No.89 of 2017, registered for the offence punishable under Sections 341, 323, 379, 504, 506/34 of the Indian Penal Code.

From the order of the Court below, it appears that the petitioners have already been granted bail by the police. In such view of the matter, this anticipatory bail application is not maintainable. However, if the petitioners surrender before the Court below along with proper application for bail, the Court below is supposed to consider the grant of

Patna High Court Cr.Misc. No.36356 of 2018(2) dt.28-06-2018 2/2 bail by the police and during the period of bail they have not misused the privilege of bail.

With the aforesaid observations and directions, this bail application is disposed of.

(Shivaji Pandey, J) pawan/- U T