IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11899 of 2011 1. Mukesh Ram, son of late Kailash Ram, resident of village – Chirai Gaon, P.S. – Kandawa, District – Chandauli (Uttar Pradesh). 2. Dhanwarati Devi, wife of Ajay Ram, resident of village – Chhata, P.S. – Durgawati, District – Kaimur at Bhabhua. --------- Petitioners. Versus The State of Bihar ----Opposite Party ******* 04. 17.10.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Durgawati P.S. Case No. 12/2011, for offences under Sections 302/201/120(B) of the Indian Penal Code. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1 Mukesh Ram, with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, regular bail of the petitioner no. 1 shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with respect to petitioner no. 1 namely, Mukesh Ram. So far as petitioner no. 2 namely Dhanwarati Devi, is concerned, she is named accused in this case. But, submission is that nothing is attributed against her nor anything showing her involvement in this case. Learned Additional Public Prosecutor who is armed with carbon copy of the case diary could not refute such submission. Considering the facts and circumstances of the case, in the event of her arrest or surrender within a period of four weeks, let the above-named petitioner no. 2 be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabhua, in connection with Durgawati P.S. Case No. 12/2011, subject to condition under section 438(2) of the Code of Criminal Procedure. Rajeev/- ( Akhilesh Chandra, J.)