IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20101 of 2011 1Saifullah Khan, Son of Late Wasiullah Khan. 2.Sanaullah Khan. 3.Hasrat Khan. Both Sons of Saifullah Khan. 4.Firoz Khan, Son of Muztuba Khan. All resident of Village Ratanpura, P.S. Ashok Paper Mills, District Darbhanga. -------Petitioners Versus The State Of Bihar -----Opposite Party -------------- For the Petitioners :- Mr. Md. Naushad Uzzoha, Adv. For the Informant :- Mr. Iqbal Asif Niazi, Adv. For the State :- Mrs. Sharda Kumari, A.P.P. ------------- 04/- 27/09/2011 Heard learned counsel for the petitioners, learned counsel for the complainant-informant and learned Additional Public Prosecutor for the State, who is armed with xerox/carbon copy of the case diary. All the four petitioners apprehending their arrest in connection with a six years old case registered for the offence punishable under Sections 147, 323, 342, 379 of the Indian Penal Code, are named accused in this case, instituted on basis of Complaint Case No. 374 of 2005 with allegation of getting hold of son of the complainant-informant kept him confined and during that period assaulted and taking away some cash and kind. Submission is that roughly after a month of the alleged occurrence without any substantive explanation, the complaint petition was filed send before police, who after investigation submitted final form, but cognizance was taken against which criminal revision was preferred, but on hearing dismissed. Thought case has been filed only after institution of another case at the instance of petitioner no. 1 bearing no. Ashok Paper Mills P.S. Case No. 18 of 2005 under Section 307 of Indian Penal Code against informant and others. Learned counsel representing the informant tried to submit that even Cr. Misc. No. 37310 of 2008 under Section 482 Cr.P.C. was preferred against the order passed by Revisional Court upholding the order taking cognizance which has also been dismissed, though recently, by order dated 15.07.2011 finding prima facie case against the petitioners, for taking cognizance. It is also submitted that though initially against petitioner no. 1, who is a Mukhiya, there were eleven cases pending, but nine were already been disposed of in his favour and only two complaint cases recently filed are pending. Having regard to offence of an explanation for the delay caused in institution of the case and not making the statements by the victim even during his treatment as indoor patient at D.M.C.H., Darbhanga and also considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Darbhanga, in connection with Ashok Paper Mills Rameshwar Nagar P.S. Case No. 32 of 2005, 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 till disposal of the case and 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.)