IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42430 of 2010 1. UPENDRA SARDAR 2. NIRMALA DEVI ------------------------ PETITIONERS Versus THE STATE OF BIHAR ----------- 2 21.12.2010 Learned counsel for the petitioners seeks permission to withdraw this application, as during the pendency of this application, petitioner no.1 has been arrested by the police. Accordingly, this application is permitted to be withdrawn as having become infructuous as against petitioner no.1. For petitioner no.2, heard learned counsel for the petitioner and the State. Allegedly Roshan Bharti, aged about 16 years and three months is selected by Sukh Suvidha Shiksha Samittee, headed by petitioner no.1, on basis of forged mark sheet, undoubtedly as observed by the learned Sessions Judge is corroborated by substantive material but petitioner no.1 has already been arrested while petitioner no.2 at the relevant time was house wife of petitioner no.1, having no concern with appointment. Thus, having regard to the facts and circumstances of the case, in the event of 2 arrest or surrender within one month from the date of communication of this order, petitioner no.2 shall be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Birpur, District Supaul in Pratapganj P.S. Case No. 21 of 2008, subject to the condition as laid down under section 438(2) Cr.P.C. AI ( Mandhata Singh, J.)