IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40674 of 2011 1. Binod Pandey @ Binod Kumar Pandey, son of Late Vijay Shankar Pandey 2. Sadhna Pandey, wife of Binod Pandey 3. Sushma Pandey, wife of Pramod Pandey @ Ambika Pandey 4. Amika Pandey @ Amika Devi, wife of Late Bhadeshwar Pandey. All resident of Mohalla – Pandeypatti, P.S. – Buxar, District – Buxar. 5. Kanchan Chaudhary, wife of Pankaj Chaudhary, resident of mohalla – Maharaja Hata, P.S. – Ara Nawada, District – Bhojpur. --------- Petitioners. Versus 1. The State of Bihar 2. Kumari Sheweta, wife of Jitendra Pandey, resident of village – pandeypatti, P.S. – Buxar, District – Buxar, At present village – Dewaria, P.S. – Udwantnagar, District – Bhojpur. ------Opposite Parties. ******* For the petitioners : Mr. Sidharth Harsh, Adv. For the State : Mr. A. Sayal, APP ***** 03. 19.12.2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. Supplementary affidavit has been filed on behalf of the petitioners. The five petitioners, apprehending their arrest in connection with Udwantnagar P.S. Case No. 138/2011 for offences under Sections 498A and 34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act, are named accused in this case being in-laws of the informant with allegation of demand of dowry, torture etc. Submission is that it is the informant opposite party no. 2 who avoided joining company of her husband in spite of efforts taken by the court below and earlier vide order dated 29.08.2011, the petitioners were granted conditional privilege which they could not avail due to non-cooperation shown by the informant opposite party no. 2. While objecting the prayer, it is submitted on behalf of the informant that, in fact, it is the prosecution side which failed to stick of their commitments. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhojpur, Ara, in connection with Udwantnagar P.S. Case No. 138/2011, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition with respect to Binod Pandey to attend the court regularly till appearance/apprehension of non-petitioner, the husband, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)