1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27690 of 2011 1. Dr. K.P.Srivastava @ Krishna Prasad Srivastava, S/o Gopal Prasad Srivastava 2. Surabhi Priya @ Survi Priya Wife of Dr. K.P. Srivastava, Both R/o Mohalla-Mohan Nagar, P.S. Chhapra Town, District- Saran. --Petitioners Versus The State Of Bihar --Opp.Party 3 28.11.2011 Supplementary affidavit has been filed. Heard learned counsel for the petitioners and learned counsel for the State. The two petitioners are named accused in this case being husband and wife as well as petitioner no.1 is Principal and Centre Superintendent whereas petitioner no.2 is said to have appeared at M.A. Final Examination in Psychology from the same centre. Submission is that petitioner 2 has never applied or appeared at final examination and further she has not cleared Part-I examination so question of filling up form of Final examination and appearing also does not arise. Initial enquiry of the University is also 2 AAhmad/ going on and investigation is still pending specially on such denial and assertions made on behalf of the petitioners. In the facts and circumstances, till conclusion of the investigation / submission of charge sheet, the petitioners, in the event of arrest or surrender within four weeks from today, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra, in Chapra Town P.S. Case no. 134 of 2011, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner no.1 shall remain present before the court below till disposal of the case. If the petitioner no.1 fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) 3