IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25351 of 2010 DHANIK LAL SHARMA @ DHANIK LAL KHATAWE S/OLATE PANAK SHARMA 2. MAHESH SHARMA S/O SRI DHANIK LAL SHARMA @ DHANIK LAL KHATAWE 3. RAM NARAYAN PASWAN S/O KHATTAR PASWAN, ALL RESIDENTS OF VILLAGE- LITIYAHI, P.S.- PIPRA,DISTRICT- SUPAUL. Versus STATE OF BIHAR ----------- 4 26.3.2011 Heard the parties. The petitioners apprehend their arrest in a criminal prosecution registered under sections 376,511,323 and 504 of I.P.C. as also under section 3(i),(x) (xi) of the S.C./S.T. (P.O.A.) Act. Though the petitioners are named in the F.I.R. vide Annexure-1, as accused, but the matter was thoroughly investigated and on close of investigation police submitted final report dated 30.7.2009 (Annexure-2) and the petitioners were not sent up for trial. However, learned C.J.M. has disagreed with the police report and took cognizance against the petitioners. Be that as it may, in view of the fact that the investigating agency has found the case to be false and the petitioners were not chargesheeted, in that view of the matter 2 the petitioners no.1. Dhanik Lal Sharma @ Dhanik Lal Khatawe,2. Mahesh Sharma and 3.Ram Narayn Paswan,in the event of their arrest/surrender before the court below within four weeks from today shall be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Subhash Chandra, J.M. Ist Class,Supaul, in connection with Pipra P.S. Case No.82/07 subject to the conditions as laid down under section 438(2) of Cr.P.C. and subject to further conditions that: (A) one of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing their relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving 3 opportunity of hearing to all concerned and ( C ) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. Anilkr.sinha (Birendra prasad Verma,J.)