IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7540 of 2011 (1) Prakash Chaudhari, S/o Late Lala Chaudhari (2) Nawal Singh, S/o Bakor Rawani Both resident of village-Dhoda, P.S. - Pakari Barawan, District-Nawada Versus The State of Bihar ----------- 03. 04.05.2011 Heard learned counsel appearing on behalf the petitioners and learned counsel appearing on behalf of the State. The prayer of these petitioners and one Dewaki Chaudhary was rejected by this Court vide order dated 8.10.2009 passed in Criminal Misc. No. 21274 of 2009. The petitioners herein are in custody in connection with Pakaribarawan (Dhamaul) P.S. Case No. 20 of 2008 for offence punishable under Section 302 and 201/34 of the Indian Penal Code. The petitioners along with co-accused Dewaki Chaudhary have been charged with the killing of the wife of Dewaki Chaudhary and concealing the dead body. Learned counsel for the petitioners submits that the main charge has been set out against the husband Dewaki Chaudhary and even if the allegation set out in the F.I.R. is taken on the face value the petitioners could be charged with aiding and abetting the crime. It is submitted that petitioner no. 1 Prakash Chaudhary is in custody since 29.6.2008 and the petitioner no. 2 Nawal Singh is in custody since 14.3.2008. It is further submitted that in similar circumstances, another co- 2 accused, namely, Mishri Choudhary had been granted anticipatory bail by a Bench of this Court in Criminal Misc. No. 43883 of 2008 vide order dated 20.02.2009. Learned counsel in the aforesaid background submits that the prayer made by the petitioners requires consideration. Regard being had to the circumstances and the submissions of learned counsel, let the petitioners Prakash Chaudhary and Nawal Singh be released on bail upon each one of them furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Sessions Judge (F.T.C.-III), Nawada in Sessions Trial No. 240/08 / 78/10 arising out of Pakaribarawan (Dhamaul) P.S. Case No. 20 of 2008 subject to the condition that each of the petitioners would be attending the trial on each and every date fixed in the trial and the failure on the part of either of the petitioners to absent himself on two consecutive dates without reasonable explanation to the satisfaction of the trial court would entitle the trial court to cancel the bail bonds of the defaulting petitioner and to take him into custody. S.Sb/- (Jyoti Saran, J.)