IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23681 of 2010 MAHESH PASWAN, son of Ganesh Paswan, resident of village – beldari, P.O. – Eksara, P.S. – Nalanda, District – Nalanda. ---------- Petitioner. Versus THE STATE OF BIHAR ----- Opposite Party. ------- 02. 03.09.2010 Heard learned counsel for the petitioner learned counsel for the complainant and learned Additional Public Prosecutor for the State. Petitioner is named accused in this 10 years old case being father-in-law of the complainant at the first sight and also from the order of the learned Sessions Judge, it appears that petitioner is nothing but desparate person kept the proceeding continued for 10 odd years but as contrary appears from the certified copy of the order sheet of the court below (trial court) that notices though were issued from time to time but there is no service report at all. It is unfortunate that the courts below took no care in ensuring service of the notice upon the named accused persons. However, petitioner carries general allegation of demand of dowry, torture etc. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within - 2 - four weeks of receipt of the copy of this order, petitioner, namely, Mahesh Paswan, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada, in connection with Complaint Case No. 311 of 2000, 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 on each and every date till disposal of the case, in case of default on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)