IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.22656 of 2011 1. Nirmala Devi, wife of Sh. Ghanshyam Das 2. Ghamshyam Das, son of Late Sadhu Das Both residents of Arwal More, Jehanabad, P.S. and District – Jehanabad. ---------------- Petitioners. Versus The State of Bihar ------Opposite Party ***** 04. 08.11.2011 Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State. The petitioners, apprehends his arrest in connection with Jehanabad P.S. Case No. 207/2010 for offences under Sections 498A/304B/34 of the Indian Penal Code, pending before Chief Judicial Magistrate, Jehanabad. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1 namely, Nirmala Devi, with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, regular bail of the petitioner no.1 namely, Nirmala Devi, shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with respect to petitioner no. 1. As regard to petitioner no. 2, submission is that though the informant i.e. father of the deceased has stated name of the petitioner as one of the participants in getting hold of deceased enabling her husband co-accused facing trial to pour kerosene oil and put her under fire but the deceased herself in her statement has said nothing about presence and involvement of this petitioner no. 2 namely Ghanshyam Das, who is none else than her father-in-law. As submitted, police after investigation submitted final form but taking a different view court below has taken cognizance against him also. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioner no. 2 be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jehanabad, in connection with Jehanabad P.S. Case No. 207/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)