IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12753 of 2009 1. Om Prakash Gai son of Late Lal Babu Gai 2. Laxmi Devi wife of Om Prakash Gai 3. Gopal Gai sonof Om Prakash Gai 4. Jyoti Devi wife of Gaopal Gai all resident of village Banaul, P.S. Nanpur District Sitamarhi. Versus STATE OF BIHAR ----------- Cr.Misc. No.13571 of 2009 NIRAJ KUMAR son of Om Prakash Gai resident of village Banaul, P.S. Nanpur District Sitamarhi Versus STATE OF BIHAR ----------- 2 19/05/2009 Heard learned counsel for the parties in respect of both the petitions for anticipatory bail which arose out of the same case. Considering the direct and specific allegation of torture of the wife when she was pregnant levelled against Niraj Kumar, his prayer for anticipatory bail is rejected. However, this order will not prejudice his case if he surrenders in the court of the Sub-divisional Judicial Magistrate, Pupri, Sitamarhi in connection with Complaint Case No. 325 of 2007 and prays for regular bail. However, in the facts of this case, prayer of petitioners in Criminal Misc. No. 12753 of 2009, namely, Om Prakash Gai, Laxmi Devi, Gopal Gai and Jyoti Devi for grant of anticipatory bail is allowed. In the event of their arrest or surrender in the court below within six weeks, they shall be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial - 2 - Magistrate, Pupri, Sitamarhi in Complaint Case no. 325 of 2007 subject to the conditions laid down under section 438(2) Cr.P.C. (Shiva Kirti Singh, ACJ.) AMIN