IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.21171 of 2011 1. Hiralal Sah, son of late Ramdhari Sah 2. Shiv Kumari, wife of Hiralal Sah 3. Santosh Sah @ Santosh Kumar Sah, son of Hiralal Sah 4. Suman Kumari, daughter of Hiralal Sah All resident of village – Markan, P.S. – Hussainganj District – Siwan. ----------- Petitioners. Versus The State of Bihar -------Opposite Party ******* 03/- 24/10/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. The petitioners, apprehending their arrest in connection with Hussainganj P.S. Case No. 137/2010 for offences under Sections 302/34 of the Indian Penal Code. All the four petitioners are named accused in this case instituted on the basis of complaint case no. 1878/2008 being in-laws of deceased cousin sister of the complainant informant. Submission is that in fact deceased who was married 13-14 years ago committed suicide by putting herself under fire along with two minor sons one of whom died, another now could survive. The eldest son also stated about commission of suicide by his mother. Police after investigation also submitted charge-sheet for the offences under Section 498A and 306 of the Indian Penal Code. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 1 namely, Hiralal Sah, with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, regular bail of the petitioner no. 1 shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with regard to petitioner no. 1 namely Hiralal Sah. Remaining three petitioners carry no specific allegation or circumstances against them. Learned Additional Public Prosecutor also failed to refute such submissions. 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 no. 2, 3 and 4, 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, Siwan, in connection with Hussainganj P.S. Case No. 137/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and 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.)