IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49323 of 2008 1. MD. EZAZ 2. Md. Gufran Versus STATE OF BIHAR ----------- 2. 10.12.2008 Heard Mr. Zeyaul Hoda, learned counsel for the petitioners and Mr. R. N. Jha, learned A.P.P. The case is of misuse of bail. The complaint petition was the basis of the prosecution under section 498 etc. of the Indian Penal Code. The parties have compromised and accordingly the compromise petition was placed on record on 22.1.2003. But as the accused persons absented no progress could be made and lastly the bonds of the accused persons were cancelled on 4.11.2003. The petitioners after knowing the cancellation of bonds surrendered in the court below on 14.10.2008 and since thereafter they are in custody. The contention is that after the petitioners have received jam on account of facing situation in incarceration, they could be lying to the situation of getting the case disposed of which the parties had alredy compromised. Regard being had to the contention, let petitioners named above be released 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 S.D.J.M., Sherghatti, Gaya, in connection with Complaint Case no.202 of 2001 (T.R. no.299 of 2008). However, the court below shall give priority to the case and ask the parties to produce the witnesses. If the lady appears and - 2 - testifies the compromise and withdraws charges against the husband and his family members then the court below shall proceed further in the matter and close down the case so as to delivering judgment in the matter. sudip ( Dharnidhar Jha,J )