IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.24041 OF 2011 WITH 1. ANIRUDH CHOUDHARY S/O MAHABIR CHOUDHARY 2. SURAJ CHOUDHARY @ SAROJ CHOUDHARY S/O ANIRUDH CHOUDHARY & 3. MINA DEVI W/O ANIRUDH CHOUDHARY, ALL OF MOHALLA NAYA BAZAR, POLICE STATION AND DISTRICT SAHARSA. CRIMINAL MISCELLANEOUS NO.24143 OF 2011 AVINASH CHOUDHARY S/O ANIRUDH CHOUDHARY, NAYA BAZAR, POLICE STATION SAHARSA SADAR, SAHARSA. VERSUS THE STATE OF BIHAR (IN BOTH CASES) ------------------ 2 12.08.2011. Since both cases arise out of one police case, they are being heard together and disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioner no.1 Anirudh Choudhary, as submitted has already been arrested. Hence the application in his respect is disposed of as being infructuous. All the three petitioners apprehend their arrest in connection with GR no. 183 of 2011 arising out of Sadar Police Station Saharsa case No. 57 of 2011 for the offences punishable under sections 341,323,379,504 and 34 of the Indian Penal Code and 3(X)SC ST Act, pending in the court of Chief Judicial Magistrate, Saharsa. Petitioners are named accused in this case with allegation of assault and abuse. Further the case appears squarely covered under a decision of Hon'ble Apex court in a case of ‘Jorgia Pentiah Vs. State of Andhra Pradesh reported in 2009(1) BCCR 153 (SC)’. Considering the facts and circumstance of the case, in the event of their arrest/surrender before the court below within four 2 weeks, let the above named petitioners 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 Chief Judicial Magistrate, Saharsa in GR no. 183 of 2011 arising out of Sadar Police Station Saharsa case No. 57 of 2011, subject to condition laid down under section 438(2) of the Criminal Procedure Code, with additional condition that petitioners, namely, Suraj Choudhary & Avinash Choudhary will remain physically present before the court below on each and every date at least for two years or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Shashi. (Akhilesh Chandra,J.)