IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35538 of 2011 1.Anita Devi, Wife of Ajay Jha. 2.Ajay Jha, Son of Surendra Jha. Both residents of Village Budhnagra, P.S. Nanpur, District Sitamarhi. ………Petitioners Versus The State Of Bihar ……….Opposite party --------------------- With Criminal Miscellaneous No.35834 of 2011 1.Nirmala Devi, Wife of Surendra Jha. 2.Surendra Jha, Son of late Ras Bihari Jha. Both residents of Village Budhnagra, P.S. Nanpur, District Sitamarhi. ………Petitioner Versus The State Of Bihar ……….Opposite party --------------------- 03/- 15/12/2011 Since both the applications arising out of one case are taken up together and being disposed of by this composite order. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon/xerox copy of the case diary up to paragraph – 64 dated 18/08/2011. All the four petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 302, 201, 120B and 34 of the Indian Penal Code, are named accused in this case being parents-in-law, brother & sister-in- law of deceased niece of the informant, who died after suffering demand of dowry, torture etc. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with 2 respect to petitioner no. 2, namely, Ajay Jha (Cr. Misc. No. 35538/2011) and petitioner no. 1, namely, Nirmala Devi (Cr. Misc. No. 35834/2011) with a liberty to surrender before the court below within four weeks for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application with respect to above named petitioners stands disposed of as withdrawn. So far as, remaining two petitioners are concerned, submission is that petitioner, namely, Surendra Jha admittedly at the relevant time was at Nagpur and petitioner, namely, Anita Devi being sister-in-law having no specific allegation. Further, submission is that there is controversy as regard to period of marriage of the deceased. As per, petitioners it happened in the year 2003 bringing the death beyond seven years of her marriage, but during investigation it has come that marriage took place in the year 2006. Taking into consideration the above facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners, namely, Anita Devi (Cr. Misc. No. 35538/2011) & Surendra Jha (Cr. Misc. No. 35834/2011) be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sub- Divisional Judicial Magistrate, Pupri at Sitamarhi, in connection 3 with Nanpur P.S. Case No. 91 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to petitioner, namely, Surendra Jha (Cr. Misc. No. 35834/2011) to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)