Ram Pukar Yadav And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39078 of 2016 Arising Out of PS.Case No. -313 Year- 2014 Thana -PHULPARAS District- MADHUBANI ======================================================

1. Ram Pukar Yadav, Son of Late Kailu Yadv @ Yashodhar Yadav.

2. Mithilesh Devi @ Indu Devi @ Bindu Devi, Wife of Ram Pukar Yadav, Both 1 and 2 are resident of Village- Mahathaur Khurd, Tola- Dhatta, Police Station- Phulparas, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shila Devi S/o Late Kamal Yadav, Wife of Ram Pukar Yadav, resident of Village- Mahathaur Khurd Tola- Datta, P.S.- Phulparas, DistrictMadhubani, Presently resident of Village- Siswabarhi, P.S.- Phulparas, District- Madhubani.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Lakshmindra Kumar Yadav, Adv. For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2016 Heard learned counsels for the petitioner and the State. The petitioner no.1 being the husband of the complainant and petitioner no.2 being the second wife of petitioner no.1 are apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 506 and 498A/34 of the Indian Penal Code.

The basic accusation is of torture.

It is submitted by the learned counsel for the petitioners that the petitioners were granted provisional anticipatory bail by learned Sessions Judge vide ABP No. 216 of 2016 but the petitioners could not appear and furnish bail bonds and thereafter

Patna High Court Cr.Misc. No.39078 of 2016 (2) dt.07-09-2016 2/2 the petitioners filed a petition for extending the period of surrender was rejected then the petitioners filed second anticipatory bail. Considering the fact that the petitioners were granted provisional anticipatory bail by learned Sessions Judge, this Court is not inclined interfere.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Phulparas P.S. Case No. 313 of 2014 pending in the court of learned ACJM, Jhanjharpur, Madhubani. Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T