Fulena Rai @ Fulan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35268 of 2019 Arising Out of PS. Case No.-2405 Year-2004 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.

Fulena Rai @ Fulan Rai, Son of Kripal Rai, Resident of Village- Nawada Sutihar, P.S.- Derni, District- Saran.

2.

Janaki Devi, W/o Fulan Rai, Resident of Village-Nawada Sutihar, P.S.- Derni, District-Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dhanauti Devi, W/o Surendra Rai, D/o Ambika Rai, Resident of VillageSingahi, P.S-Doriganj, District-Saran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2019 This is an application for grant of anticipatory bail in connection with Complaint Case No. 2405 of 2004, Trial No. 103 of 2019, disclosing offences under Sections 323, 498A, 379, 494, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act. Petitioners happens to be the father-in-law, mother-inlaw of the informant and case is under Sections 323, 498A, 379, 494, 34 of the Indian Penal Code and Section 3⁄4 of D.P. Act. Submission of the learned counsel for the petitioners is that the allegation is general and omnibus against them and they are ready to abide by any condition imposed upon them. Heard learned A.P.P. as well as learned counsel

Patna High Court CR. MISC. No.35268 of 2019(3) dt.08-08-2019 2/2 appearing on behalf of the opposite party no.2 also, they have opposed the prayer for anticipatory bail, drawing my attention towards the process under Sections 82 & 83 of Cr.P.C. has already been exhausted against them, but they are appearing in this case, which is pending since 2004.

Having heard both sides, in view of the facts and circumstances, as stated above, this application is disposed of with a direction to the petitioners to surrender before the learned court below and make prayer for regular bail, which shall be considered by the learned court below considering the submission that there is no service report or execution report of the warrant on the record and without exhausting the above process under Section 82 & 83 of Cr.P.C., verifying the aforesaid submission, the learned court below will pass an appropriate order without being prejudiced by order of this Court, and if, possible to be disposed of on the same day. (Vinod Kumar Sinha, J) Sunil Shukla/- U T