IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25535 of 2011 1. Harendra Prasad son of Sahodar Prasad 2. Gyanti Devi wife of Sri Harendra Prasad Resident of village Koerigawan, P.S. Barharia, District Siwan ……..Petitioners Versus The State of Bihar ……………………………O.P. ---------------------------------- with Criminal Miscellaneous No.27396 of 2011 1. Mahadeo Prasad son of Sri Harendra Prasad Resident of village Koerigawan, P.S. Barharia, District Siwan …..Petitioner Versus The State of Bihar ……………… ……..O.P. ---------------------------------- 2 24.08.2011 Heard learned counsel for the petitioners and learned Additional Public prosecutor for the State Both the applications arise out of one case are being heard together and disposed by this composite order. Petitioners apprehend their arrest in connection with Barhariya P.S. Case No. 113 of 2011 for the offences punishable under sections 341,323, 324, 307 of the Indian Penal Code and section 3 & 4 of the SC/ST (Prevention of Atrocities) Act and are named accused in this case with allegation of abuse and assault. There is specific allegation against petitioner Mahadeo Prasad of inflicting injury by knife. Submission is that injury report does not support the allegation of inflicting any such injury by knife. Further more the case appears to be squarely covered with a decision of the Apex Court in case of Jorgia Vs. State of A.P. reported in 2009(1) BCCR 153 (SC). Considering the facts and circumstances of the case, 2 in the event of his 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) each with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Barhariya P.S. Case No. 113 of 2011 subject to the condition laid down under section 438(2) Cr.P.C with additional condition that petitioner no.1 in Cr. Misc. No. 25535 of 2011 and petitioner no.1 in Cr. Misc. No. 27396 shall remain physically present before the court below on each and every date at least for one year 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. M.Rahman (Akhilesh Chandra,J)