IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6516 of 2010 1.MD.MURTAZA ALAM son of late Md. Tahir 2.Shama khatoon wife of late Md. Tahir 3.Md. Usman son of late Md. Tahir 4.Nuresha Khatoon wife of Usman Ansari 5.Bibi Rasida Khatoon @ Rasida Khatoon wife of Hakim Ansari 6.Bibi Sajida Khatoon daughter of Md. Tahir 7.Md. Hakim son of Warsal Ansari All are resident of village Musaria, P.S. Banka, District Banka. Versus STATE OF BIHAR ----------- 2 4/3/2010 In the opinion of this Court this application for grant of anticipatory for offence under Section 323 and 498A IPC is wholly frivolous and must be rejected because the court below itself has taken full care at the time of disposal of the application filed by the petitioners for grant of anticipatory bail by observing as follows:- “Let the petitioners surrender within a period of three weeks in the court of Judicial Magistrate, who is seized with Complaint Case No.296 of 2009, and pray for regular bail. The learned Magistrate will consider that the petitioners have been summoned on a petition of complaint and they have some defence, besides, there is a provision u/s 88 Cr. P.C. requiring an accused to be admitted to bail, who has been summoned by a court or who has appeared in pursuance of the issuance of W/A. The learned Magistrate may appreciate that a provision is for a definite purpose, which can not be overlooked. The learned Magistrate, I believe, will not have any prejudice against the petitioners for preferring petition u/s 438 Cr.P.C. This application is accordingly disposed of, in view of principle laid down vide order dated 4.4.07 passed by the Hon’ble Patna High Court in Cr. Misc. No.14586 of 2007.” In the opinion of this Court, such order of the court 2 below had given full relief to the petitioners and as such there was no need to file this application. Accordingly, this application is disposed of with the aforementioned observation. Abhay Kumar ( Mihir Kumar Jha, J.)