IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15389 of 2010 1. KAILASH PRAJAPATI, SON OF LATE RAM DAS PRAJAPATI. 2. ABINASH PRAJAPATI, SON OF KAILASH PRAJAPATI, 3. MAHENDRA PRAJAPATI, SON OF KAILASH PRAJAPASTI, 4. KAMLA DEVI, WIFE OF ABINASH PRAJAPATI. ALL RESIDENT OF VILLAGE- SALEMPUR, P.S.- TEKARI, DISTRICT- GAYA Versus STATE OF BIHAR ----------- 2. 07.06.2010. Learned counsel for the petitioners is permitted to correct the date of Memo No. 428 mentioned in paragraph-2 of the supplementary affidavit. By filing the aforesaid supplementary affidavit it is submitted on behalf of the petitioners that the superior police officer under Memo No. 428 dated 5.5.2010 has found the case not to be one under Section 307 of the Penal Code. In view of the statement made in the supplementary affidavit petitioners, named above, who are apprehending their arrest in connection with a case registered for the offences under Sections 341, 323, 325, 307, 354, 34 of the Penal Code are directed to surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order in the court below whereafter the court below should verify the contents of the aforesaid Memo No. 428 dated 5.5.2010 and if it is true that the superior police officer has not found the case to be true under Section 307 of the Penal Code, Petitioner Nos. 1, 2 and 3, named above, be admitted to the privilege of bail on furnishing bail bonds of Rs. 5,000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in connection with Tekari P.S.Case No. 61 of 2010, subject to the conditions as laid down under Section 438(2) of the - 2 - Cr.P.C. which shall be subject to the submission of charge-sheet. In case the charge-sheet is submitted for the offences including Section 307 of the Penal Code, notwithstanding the anticipatory bail allowed to petitioner nos. 1,2 and 3 by this Court, they shall surrender in the court below and apply for regular bail. So far petitioner no.4 Kamla Devi is concerned, she being a lady, is directed to 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 Chief Judicial Magistrate, Gaya in connection with Tekari P.S.Case No. 61 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. P.K.P. (V.N.Sinha,J.)