IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12719 of 2010 1.ASHOK KUMAR YADAV 2.Ram Pravesh Kumar Yadav 3.Ramashish Yadav, all are resident of village Amrar, P.S. Thakurgangty, Dist. Godda (Jharkhand) ….Petitioners. Versus THE STATE OF BIHAR Opp. Party. ----------- 2 14.5.2010 This matter was heard yesterday at length and was adjourned for todays enabling the learned counsel to seek instruction from petitioner no.1 as to whether he is prepared to restore his matrimonial relationship with the informant, who claims to be his wife. After seeking instruction learned counsel for the petitioners states that he is not pressing the application for grant anticipatory bail filed on behalf of petitioner no.1, namely, Ashok Kumar Yadav. The application filed on behalf of petitioner no.1 is dismissed as withdrawn. He must surrender in the court below within a period of four weeks from today and, if so advised, seek regular bail. Heard learned counsel for the parties on merit regarding prayer for grant of anticipatory bail on behalf of petitioners no. 2 and 3, who are facing criminal prosecution under section 498 A and some other allied offences under the Indian Penal Code, as also under section 3(1)(xi) of SC & ST (P.O.A) Act. It is submitted on behalf of the petitioners that these two petitioners happen to be younger brothers of co-accused Ashok Kumar Yadav (petitioner no.1), who is alleged to have solemnized his marriage with the informant. It is also submitted that in view of nature of allegation as disclosed in the FIR and in view of the fact that informant claimes to be legally wedded wife of co-accused Ashok Kumar Yadav, elder brother of these two petitioners, the offence under the provision of SC& ST (P.O.A) - 2 - Act is not applicable and, therefore, the present petition under section 438 Cr.P.C. is maintainable. So far allegations of demand of dowry and torture are concerned, these allegations are mainly against co-accused Ashok Kumar Yadav( petitioner no.1), whose application has been dismissed as withdrawn. Taking into consideration the aforesaid facts and circumstances,, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioners no.2 and 3 shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Bhagalpur in connection with Bhagalpur SC/ST (Harijan) P.S. Case no. 36 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman