IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35233 of 2011 1. Mahendra Das, son of late Dhaneshwar Das 2. Meena Devi, wife of Mahendra Das 3. Mukesh Das, son of Mahendra Das All resident of village – Bhadaria, P.S. – Katoria, O.P. – Suyia, District – Banka. --------- Petitioners. Versus The State of Bihar -----Opposite Party ****** For the petitioners : Mr. Shree Niwas Mishra, Adv. For the State : Ms. Pronoti Singh, APP ******** 03. 17.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Chandan P.S. Case No. 54/2011 (Anandpur outpost), for offences under Sections 120B, 304B and 201 of the Indian Penal Code, are named accused in this unfortunate case instituted on the basis of complaint case no. C895/2006 filed a month after the occurrence alleged, but the case could be instituted five more years thereafter. Submission is at their initial stage the complainant filed an application before the court below seeking withdrawal of the complaint, but it was kept pending ultimately case was instituted without any fresh occasion. Considering the facts and circumstances, especially unexplained lapse of time, in the event of complainant with her husband (if alive) appear before the court below supporting the application of withdrawal with their free-will and consent without any coercion and husband of the complainant stood as one of the bailors, and 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, Banka, in connection with Chandan P.S. Case No. 54/2011 (Anandpur outpost), subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition with respect to petitioner nos. 1 and 3 to attend the court regularly till disposal of the case, 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.)