IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33388 of 2011 Smt. Hemlata Kumari, (Prathmik Vidyalaya Harijan Tola Gopal Bad), Wife of Sunil Kumar, Resident of Village Parnawan, P.S. Sarmera, District Nalanda, At present posted as I/C Head Master of Primary School Harijan Tola, Gopalbad, P.S. Sarmera, District Nalanda. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ----------- 02/- 28.09.2011 Heard learned counsel representing the parties. This is a second attempt for the privilege in connection with Sarmere P.S. Case No. 65 of 2010. Earlier, petitioner’s prayer was disposed of vide order dated 22.07.2011 in the light of submission and observations made in order dated 30.11.2010 passed by learned Sessions Judge in A.B.P. No. 1415 of 2010 that case was for none deposit of D.C. bill, in spite of extension of time, but the informant himself wrote a letter to police acknowledging submission of such dismissal and on the concessions granted by the learned prosecuting agency, learned Sessions Judge found that petitioner has no apprehension of arrest, disposed of the bail application. Consequently, in absence of any contrary, the submission of prayer of the petitioner was not entitled here. Now, it is submitted that in spite of such letter filed by the informant warrant of arrest has been issued against the petitioner. It is so, and there is letter of the informant to the investigating agency about the submission of D.C. bill, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of 2 Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Sarmera P.S. Case No. 65 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to remain physically present before the court below till disposal of the case, and in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)