IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23425 of 2011 ====================================================== 1. Dasiya Khatoon W/O Abbas Mian 2. Md. Mumtaz S/O Abbas Mian Both are resident of village Bhirkhi, Ward No. 26 P.S. and District Madhepura. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioners : M/S. Nafisuzzoha and Saroj Kumar Singh, Advocates. For the Opposite Party/s : Mr. Dashrath Mehta, Addl. P. P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 13-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 307, 353, 325 and some other allied offences under the Indian Penal Code. Learned counsel for the petitioners submits that though the petitioners are named in the F.I.R. as the accused, but allegations against them are general and omnibus in nature and, therefore, they are entitled to the privilege of anticipatory bail under Section 438 Cr. P.C. Learned counsel appearing on behalf of the State has opposed the prayer for anticipatory bail. From perusal of the F.I.R. vide Annexure-1, it appears that the police personnel had gone to apprehend co-accused Abbas, the husband of petitioner no.1 and father of petitioner no.2 in connection with another criminal case, and when he was apprehended by the police personnel, the petitioners along with Patna High Court Cr.Misc. No.23425 of 2011 (3) dt.13-10-2011 2 / 2 2 other accused persons protested and assaulted the police personnel. As many as three police personnel had sustained injuries on their persons. From the findings of the learned Sessions Court, I find that when the learned Sessions Court intended to examine the case diary, the petitioners did not permit him to look into the case diary, rather insisted for disposal of the case, without calling for the case diary. In view of the aforesaid facts and circumstances, this Court is not inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. It is, accordingly, rejected. The petitioners must surrender in the court below within a period of four weeks from today in connection with Madhepura P.S.Case No. 230 of 2010, pending in the court of learned C.J.M., Madhepura and, if so advised, seek regular bail, which shall be considered on its own merit, without being prejudiced by the present order. B Tiwary/- (Birendra Prasad Verma, J)