1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29804 of 2011 1. Dinesh Shahi 2. Krishna Shahi Both S/o Late Manager Shahi R/o Village-Chainpur, P.S. Hathwa, District-Gopalganj 3. Brajesh Kr. Pandey, S/o Uma Pandey, R/o Village- Siswania, P.S. Uchkagaon, District- Gopalganj. 4. Ajay Kumar Rai, S/o Purushottam Rai. 5. Ajit Rai, S/o Late Gauri Shankar Rai, Both R/o Village- Panchpheda, P.S. Mirganj, District-Gopalganj. --Petitioners Versus The State Of Bihar --Opp.Party 3 05.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the five petitioners are named accused in this case with allegation of house tress pass and successful escape due to alarm raised though one of the associates was apprehended and produced to the Police. Submission is that there is counter version also by way of Mirganj P.S. Case no. 128 of 2011. Parties are related with each other and there was a negotiation of marriage between relationship itself but somehow or other it could not be properly materialized causing 2 enmities and this, in fact, the reason of false implication and to save their skin after assaulting Umesh Shahi, brother of petitioner no.1. Considering the facts and circumstances at the out come of investigation in both the cases, the petitioners, in the event of arrest or surrender within four weeks, are directed to be enlarged on bail on furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj, in Mirganj P.S. Case no. 114 of 2011, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that petitioners shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)