Naushad Mian And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38011 of 2014 Arising Out of PS. Case No. -2209 Year- 2013 Thana -SARAN COMPLAINT CASE DistrictSARAN ======================================================

1. Naushad Mian, S/o Islam Mian, resident of Village- Harpur South Tola, Police Station- Baniyapur, District- Saran.

2. Sheikh Munna Mian, S/o Late Adalt Mian, resident of Village- Harpur South Tola, Police Station- Baniyapur, District- Saran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Binod Kumar Sinha, Advocate For the Opposite Party/s : Mr. Anita Kumari Singh (APP) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 13-03-2015 Heard learned counsel for the petitioners and the State.

The prayer for grant of anticipatory of petitioner no.2 has become infructuous, as he has already been arrested. Petitioner no.1 apprehends his arrest in a case under Section 376 (2) (g) of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner has been implicated in the instant case, as he has earlier filed a Complaint case bearing Complaint case no. 3479 of 2011 against Noorjahan Begum, who is complainant in the instant case. He further submits that there is no medial report. In the facts and circumstances of the case, I am not

Patna High Court Cr.Misc. No.38011 of 2014 (3) dt.13-03-2015 2 / 2 inclined to grant anticipatory bail to the petitioner. However, if the petitioner surrenders and prays for bail before the court below (Judicial Magistrate, Chapra) in connection with Complaint Case No. 2209 of 2013, the same would be disposed of on the same day without being prejudiced by this order.

(Samarendra Pratap Singh, J.) Uday/- U