IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22918 of 2011 1.Md. Samsul Haque @ Samshul Haque S/o Md. Rashid 2.Farida Anjum @ Farida Anzum W/o Md. Samshul Haque R/o village Madhopur, P.S. Mahua, Dist. Vaishali at Hajipur. ……..Petitioners. Versus The State of Bihar ……………..Opposite party. --------------- 3 03.11.2011 Heard learned counsel for the petitioners, and learned counsel for the State. The petitioners apprehend their arrest in connection with Mahua P.S. Case No. 497 of 2010 registered under section 302/34 of the Indian Penal Code. Petitioners are named accused in this case on the alleged oral dying declaration of deceased son of the informant. Submission is that through out investigation contrary to said oral dying declaration name of assailant emerged as Anwarul @ Bholu and police after investigation did not sent up the petitioners for trial though charge sheet has been submitted against Bholu and Israil. It is further submitted that taking into consideration the injury sustained though accidentally it is not possible to make such statement . Taking into consideration the nature of 2 allegation, let the above named petitioners in the event of arrest or surrender in the court below within a period of four weeks be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Mahua P.S. Case No. 497 of 2010 subject to the conditions laid down under section 438(2) Cr.P.C. and additional condition to attend the court regularly till two years and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. M.Rahman (Akhilesh Chandra, J)