IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25629 of 2008 MD.ERFAN ALAM @ MD.ERFAN & ORS Versus STATE OF BIHAR ----------- For the petitioners : Mr. Ashok Kumar Mishra, Adv. For the State : Mr. R.K.P. Yadav, A.P.P. 2. 26/9/2008 After some arguments, learned counsel for the petitioners prays for withdrawal of this application against petitioner No. 1, Md. Erfan Alam @ Md. Erfan and petitioner No. 2, Md. Ershad @ Md. Ershad Alam . Prayer is allowed. This application is dismissed as withdrawn against petitioner Nos. 1 and 2. It is made clear that if the petitioner Nos. 1 and 2 surrender before the court below and seek regular bail, the court below will consider the bail application of the aforesaid petitioners on its own merit and in accordance with law without being prejudiced by this order. So far as the petitioner No. 3 Bibi Mina Khatoon @ Bibi Amina Khatoon is concerned, submission is that she is a lady and no specific role has been assigned upon her in the First Information Report. Having regards to the aforesaid submission and the facts and circumstances of the case, let petitioner No. 3, Bibi Mina Khatoon @ Bibi Amina Khatoon, in the event of her arrest or surrender before the court below within four weeks from the date of receipt of this order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of - 2 - the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. S.Ali (Dr. Ravi Ranjan, J.)