IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19159 of 2008 1. KUNDAN KUMAR @ KUNDAN KUNAL 2. Vijay Singh @ Vijay Kumar 3. Gopal Singh @ Gopal Kumar 4. Chanchala Devi 5. Kuwar Singh @ Raj Kumar Singh 6. Shobha Devi Versus STATE OF BIHAR ----------- 3. 09.7.2008. Petitioners apprehend their arrest in Deepnagar P.S. Case No.125 of 2007 registered under Section 307, 448, 341, 323, 324, 379/34 of the Indian penal Code and prays for grant of anticipatory bail. In view of the judgement of this Court in the case of Mahendra Prasad Singh Vs. The State of Bihar 2004 (3) PLJR 491, Mr. Rajni Kant Pandey, appearing for the petitioners, prays for withdrawal of this application so far as petitioner nos.1 to 5 are concerned. Application stands dismissed as withdrawn, so far as petitioner nos.1 to 5, are concerned. Needless to state that in case, petitioner nos.1 to 5 surrender within two weeks, the learned Magistrate shall consider their prayer for bail bearing in mind the observation of this Court in the case of Mahendra Prasad Singh (supra). Mr. Pandey submits that the police, after investigation, has found the allegation against this petitioner to be untrue and accordingly, 2 submitted the final form but the learned Magistrate has differed with the conclusion of the Investigating Officer and taken cognizance of the offence. Mr. Choubey Jawahar, Additional Public prosecutor appears for the State, whereas the informant is represented by Mr. Pankaj Kumar. Having heard learned counsel for the party and taking into consideration the facts and circumstances of the case, I allow this application so far as petitioner no.6 Shobha Devi is concerned and direct that in the event of her arrest/surrender within four weeks, she be enlarged on bail on furnishing personal bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of Shri Dherendra Mishra, Judicial Magistrate, Ist Class, Nalanda at Bihar Sharif in Deepnagar P.S.Case No.125 of 2007, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (C.K.Prasad) ahk