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Patna High CourtCR. MISC./38301/2016dismissed

Biltu Yadav And ANR v. The State Of Bihar

2016-12-07Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38301 of 2016 Arising Out of PS.Case No. -12 Year- 2014 Thana -MAHILA P.S. District- MADHUBANI ======================================================

1. Biltu Yadav son of Ram Prasad Yadav

2. Ram Chandra Yadav, son of Jibachh Yadav Both are resident of Village- Kambalbari (Dhaulitol) P.S.-Jay Nagar, District-Madhubani .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 07-12-2016 Heard Sri Manish Kumar no.13, learned counsel for the petitioners and learned Addl. Public Prosecutor. Two petitioners, apprehending their arrest in Madhubani Mahila P.S. Case No.12 of 2014, G.R. No.348 of 2014 registered for the offence under Sections 341, 323, 354(B), 379/34 of the Indian Penal Code, have prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioners that of course, F.I.R. was lodged under Section 354(B) and other Sections of the Indian Penal Code, the learned Magistrate after submission of chargesheet has taken cognizance of offence only under Section 354 and other Sections of the Indian

Patna High Court Cr.Misc. No.38301 of 2016 (3) dt.07-12-2016 2/2 Penal Code. It has also been argued that the petitioners have falsely been implicated in the present case. A plea has been taken that the informant is aunt of petitioner no.2. On the aforesaid ground, a prayer has been made to extend the privilege of anticipatory bail to the petitioners.

Be that as it may, considering the allegation made in the F.I.R., I do not find any ground to extend the privilege of anticipatory bail. The petition stands dismissed. (Rakesh Kumar, J) NKS/- U T