IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16330 of 2011 1. Harihar Rai, son of Late Sheolal Rai 2. Pano Devi, wife of Harihar Rai Both resident of village – Kalyanpur, P.S. – Hathauri, District – Muzaffarpur. ----------- Petitioners. Versus The State of Bihar ---Opposite Party ****** 03. 19.08.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Hathauri P.S. Case No. 76/2003 (G.R. No. 2116/2003), pending in the court of Smt. Reshma Verma, Judicial Magistrate, 1st Class, Muzaffarpur. Learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1, as submitted, he is now dead. Hence, this application becomes infructuous with respect to petitioner no. 1 namely, Harihar Rai. Accordingly, this application stands disposed of as withdrawn with respect to petitioner no. 1 namely, Harihar Rai. So far as petitioner no.2 namely, Pano Devi, is concerned, she is named accused in this eight years old case being mother-in-law of deceased 2 sister of the complainant informant. Submission is that police after investigation submitted final form much before, but taking a different view in the year 2009, cognizance was taken, perhaps, ignoring the application filed by the informant as early as in the year 2004 stating that deceased in fact died of snake biting. Considering the facts and circumstances, in the event of informant appearing before the court below supporting the contents of the petition said to have been filed on his behalf on 27.09.2004 exonerating the petitioner and other accused persons and also stood as one of the bailors, in the event of her arrest or surrender within a period of four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Smt. Reshma Verma, Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Hathauri P.S. Case No. 76/2003 (G.R. No. 2116/2003), subject to condition under section 438(2) of the Code of Criminal Procedure. Rajeev/ ( Akhilesh Chandra, J.)