IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34215 of 2011 ====================================================== 1. Bipat Mian son of Dahari Mian 2. Laila Khatoon wife of Bipat Mian 3. Sonikhatoon daughter of Bipat Mian and wife of Shaukat Mian. 4. Sabnam Khatoon daughter of Bipat Mian, wife of Samsad Mian. All resident of village- Dahibhata, P.S. Uchkagaon, District- Gopalganj. .... .... Petitioners Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : None. For the Opposite Party/s : Mr. Hirday Prasad Singh, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Despite repeated calls none appears on behalf of the petitioners to press this application. However, I have heard Mr. Hirday Prasad Singh, learned Additional Public Prosecutor appearing on behalf of the State. The petitioners apprehend their arrest in a criminal prosecution registered under section 498A and some other allied offences under the Indian Penal Code as also under Section 3/4 of the Dowry Prohibition Act. From the materials available on record it is apparent that the petitioners are in-laws of the informant. The main allegation of demand of dowry and torture is against the husband, namely, Dilawar Hussain. In the aforesaid facts and circumstances of the case, in the event of their arrest or surrender in the court below within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with Patna High Court Cr.Misc. No.34215 of 2011 (2) dt.12-10-2011 2 two sureties of the like amount each to the satisfaction of learned C.J.M., Gopalganj in connection with Uchkagaon P.S. Case No. 159 of 2011, corresponding to G.R. No. 2168 of 2011, subject to conditions as laid down under Section 438(2) Cr. P.C. and subject to the further conditions that : (A) One of the bailors must be government servant or close family members of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners, (B) if the petitioners are found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned and (C) the petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every dates, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioners. BTiwary/- (Birendra Prasad Verma, J)