IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35795 of 2011 ====================================================== 1. Ganesh Sahani S/O Late Lagan Sahani R/O Village - Rajabhar, Malahi Tola, P.S. Majhaulia, Distt. - West Champaran 2. Bhukhal Sahani S/O Late Nagina Sahani R/O Village - Rajabhar, Malahi Tola, P.S. Majhaulia, Distt. - West Champaran 3. Rambha Sahani D/O Ganesh Sahani R/O Village - Rajabhar, Malahi Tola, P.S. Majhaulia, Distt. - West Champaran .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party 2 25-10-2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The three petitioners apprehend their arrest in connection with Majhaulia P.S. Case No. 127 of 2009 for the offences punishable under Sections 447, 341, 323, 324, 307 and 504/34 of the Indian Penal Code, pending in the Court of the learned Chief Judicial Magistrate, Bettiah, West Champaran. Learned counsel for the petitioners seeks permission to withdraw the application with respect to petitioner no. 1 as he has already been apprehended by the police and after some argument, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 2, namely, Bhukhal Sahani, with a liberty to surrender before the court below within a fortnight for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application as regard to petitioner no. 1 namely, Ganesh Sahani stand disposed of as having become infructuous and as regard to petitioner no. 2, namely, Bhukhal Sahani stands disposed as withdrawn. So far as petitioner no. 3, namely, Rambha Sahani, is concerned, submission is that she carries allegation of arriving at the seen subsequent to the main occurrence used Lathi to assault, they injured. Allegation appears to be general and omnibus. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner no. 3, namely, Rambha Sahani, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhaulia P.S. Case No. 127 of 2009, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to 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. Bhardwaj/- (Akhilesh Chandra, J)