IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11768 of 2010 1.PANKAJ SINGH 2.GAUTAM SINGH Both Sons of Nand Kishore Singh 3.OM PRAKASH SINGH, Son of Late Mahavir Singh 4.RAJ KUMAR SINGH, Son of Late Dhanushdhari Singh 5.KUNAL SINGH, Son of Raj Kumar Singh All Resident of Village Saidpur, P.S. Mansi, District Khagaria. ……….Petitioners Versus THE STATE OF BIHAR ………Opposite party 04/- 26-10-2010 Heard learned counsel for the five petitioners and Additional Public Prosecutor for the State, who is armed with the carbon copy of the case diary. Petitioners are named accused in the protest complaint case and against whom earlier one complaint case was filed by the complainant alleging that they under some falls pretext call her son who never returned. On enquiry subsequently found dead at P.M.C.H., Patna from where the petitioners on saying complainant fled away. On basis of earlier complaint police case was instituted, where in after investigation final form was submitted. Contrary there is statement of alleged wife of the deceased alleging some allegations against the complainant and other family members and also there is statement of the deceased recorded by Khagaria police about consumption of poisonous substance by him Suo-motu under compelling circumstances there is some controversy as regard to status of said wife of the deceased. - 2 - Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, 1.Pankaj Singh, 2.Gautam Singh, 3.Om Prakash Singh, 4.Raj Kumar Singh and 5.Kunal Singh, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Ranjit Prasad, Judicial Magistrate, 1st Class, Khagaria in connection with Complaint Case No. 170C of 2007 (arising out of Chautham P.S. Case No. 109 of 2005, G.R. No. 708 of 2005), 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 till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)