IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1049 of 2009 1. MD.ISHAQUE, son of late Shekh Bashir 2. Bibi Mirja Khatun @ Nooja wife of Md. Ishaque Both are residents of village-Musapur, P.S.-Korha, District-Kathihar--------- ------------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 5. 27.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that similarly situated co-accused, namely, Md. Musay @ Musv, has been granted anticipatory bail by a Bench of this Court in Cr. Misc. no.36389 of 2007. As such, petitioners arrest at the moment is not justified. Accordingly, in the event of arrest or surrender within one month from today in Korha P.S. case no.73 of 2007, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kathihar , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )