IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5023 of 2010 1. BABY KHATOON, D/O LATE KAMRUDDIN 2. MERAZ SAH, S/O LATE KAMRUDDIN BOTH R/O VILLAGE – BHADAUNI, P.S. - NAGAR NAWADAH, DISTRICT - NAWADAH Versus STATE OF BIHAR ----------- 2/ 07.05.2010 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 307, 324, 323, 34 of the Indian Penal Code. Petitioner no. 1 is a lady and petitioner no. 2 is the brother of petitioner no. 1. Learned counsel submits that there is case and counter case. It is submitted that there is no specific overt act against petitioner no. 1. It is submitted that Md. Faiz Sah who is alleged to have assaulted Mubarak Sah with Saif on the hand has been admittedly released on bail by a Bench of this Court vide order dated 22.1.2010 passed in Cr. Misc. No. 39780 of 2009. He submits that the allegation against the petitioner no. 2 is causing Saif blow injury on the head of Md. Shakil Sah. Learned counsel further submits that by intervention of well wishers the parties have compromised the matter and a compromise petition has also been filed. Copy of the compromise petition is annexed as annexure -3 to the supplementary affidavit. Having regard to the facts and circumstances of the case, this Court orders that in the event of arrest or surrender within six weeks from today before the court below in connection with Nawadah Town P.S. Case No. 263 of 2009, petitioner no. 1 shall be released on bail on furnishing bail bond of Rs. 5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawadah subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. So far as petitioner no. 2 is concerned, I am not inclined to allow his bail. However, if petitioner no. 2 surrenders within a period of six weeks before the court below then his bail application would be disposed of preferably on the same day taking into consideration that a compromise petition has been arrived at in between the parties and Md. Faiz who has given saif blow injury on the hand has been given anticipatory bail by a Bench of this Court. The application of petitioner no. 2 is disposed of. Praful ( Samarendra Pratap Singh, J.)