IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20438 of 2011 Shatrughan Thakur & Ors. Versus The State Of Bihar ----------- 02/- 14/07/2011 Heard learned counsel representing the parties. This is an application under Section 438 of the Code of Criminal Procedure, in connection with Hazipur S.C./S.T. P.S. Case No. 282 of 2009 for the offences punishable under Sections 341, 323, 504, 347, 379 of the Indian Penal Code and 3 (1) (X) of the S.C. and S.T. Prevention of Atrocities Act. It is submitted that petitioner no. 1 has already been apprehended; hence the application of petitioner no. 1, namely, Shatrughan Thakur is dismissed as withdrawn. Petitioner no. 2 is named accused in this case which stands squarely covered under a decision of Apex Court in a case of “Jorgia Pentiah Vs. State of A.P. reported in 2009 (1) BCCR 153 (SC). Considering the facts and circumstances of the case, in the event of her arrest/surrender before the court below within four weeks, let the petitioner no. 2, namely, Bimala Devi @ Vimla Devi be enlarged 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, Sitamarhi, in connection with Hazipur S.C./S.T. P.S. Case No. 282 of 2009, 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 2 and every date at least for two years or till disposal of the case, whichever is earlier, 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.)