IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44013 of 2010 1.ANANDI LAL DAS @ SUNDAR LAL DAS, Son of Late Fudan Lal Das, Resident of Village Bhakhori, P.S. Amaur, District Purnea. 2.RENU DEVI, Wife of Anandi Lal Das, Resident of Village Bhakhori, P.S. Amaur, District Purnea. ……..Petitioners Versus THE STATE OF BIHAR ……..Opposite Party 02/- 14-12-2010 Heard learned counsel for the two petitioners and Additional Public Prosecutor for the State. Petitioners are named accused in the instant case which has been instituted by I.O. of the Amaur P.S. Case No. 5 of 2010 instituted at the instance of petitioner no. 1 against several named persons alleging assault and commission of murder of his first wife Nirmala Devi. The police after investigation submitted charge-sheet only against one person, but remaining were not found fit to be sent up for trial. However, the court on perusal of case diary etc. taking a different view vide order dated 08.10.2010 took cognizance against all the accused persons named therein. Whereas the instant case has been filed on basis of outcome of investigation of that case alleging involvement of these two petitioners. This court at this stage cannot ignore this fact that if at all there was anything otherwise against the informant of the case or anyone else than the accused persons named. The charge-sheet etc. could have been filed in that case alone. Moreover, taking into consideration that cognizance has already been taken against the named accused persons in the said case instituted at - 2 - the instance of the petitioner no. 1, whose second wife is petitioner no. 2. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, Anandi Lal Das @ Sundar Lal Das and Renu Devi, are directed to be released 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 Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 112 of 2010, subject to condition laid down under Section 438 (2) of the Criminal Procedure Code with additional condition for petitioner no. 1, namely, Anandi Lal Das @ Sundar Lal Das, to remain physically present before the court below till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Praveen (Akhilesh Chandra, J.)