IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39887 of 2011 1. Sunil Sahani, son of Sona Sahani 2. Sarswati Devi, wife of Sunil Sahani, Both are resident of village – Mahammadpur (Khaje Chainpur), P.S. – Karza, District – Muzaffarpur. ------------Petitioners. Versus The State Of Bihar -------Opposite Party ***** For the petitioners : Mr. Shailendra Kumar, Adv. For the State : Mr. Ajay Kumar no. 2, APP ****** 03. 07.12.2011 Heard. The petitioners apprehending their arrest in connection Karza P.S. Case No. 85/2009 for offences under Sections 302/120B of the Indian Penal Code and Section 2/4 of the Dowry Prohibition Act, pending before Sub-Divisional Judicial Magistrate, West, Muzaffarpur. This is second attempt of the petitioners. Earlier petitioners’ prayer for anticipatory bail was refused vide order dated 15.11.2010 passed in Cr. Misc. No. 21875/2010. After some arguments, learned counsel for the petitioners seek permission to withdraw this application with a liberty to surrender before the court below within fortnight and seek regular bail where the prayer for regular bail shall be considered on its own merit without being prejudice of instant withdrawal. Further, in the event of failure to observe, avail the liberty to surrender within stipulated period, the court below must insure all possible steps provided under law securing attendance of the petitioners. Permission is granted. Accordingly, this application stands dismissed as withdrawn. Let a copy of this order be communicated to the court below through Fax at the cost of the petitioners. Rajeev/- ( Akhilesh Chandra, J.)