1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40775 of 2011 1. Kamla Devi W/o Late Parshuram Sah 2. Arun Kumar S/o Late Parshuram Sah Both R/o Village- Singhia Sagar, P.S. Banjariya, District-East Champaran. 3. Santosh Kumar, S/o Kohan Sah, R/o village- Ramgarhwa, District-East Champaran. --Petitioners Versus 1. The State Of Bihar 2. Sukhari Sah, S/o Late Bhikhan Sah R/o Village- Belwa Rai Bairagi Tola, Mohanwa Bazar, P.S. Turkaulia, District-East Champaran. --Opp.Party 2 21.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. Petitioners are named accused in this complaint case with allegation of settling marriage of daughter of the complainant with petitioner no.2 and petitioner no.3 is brother in law of petitioner no.2, after reaching the negotiation at almost final stage and payment of some cash and kind as per terms of negotiation they failed to stood to their promises. Submission is that nothing was taken as alleged. Moreover, complainant’s daughter has already been married with another, namely, Kumar Dinesh, S/o Laxmi Sah of village Dhan Kharia. 2 Considering the facts and circumstances, 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 Subdivisidodnal Judicial Magistrate, Sadar, Motihari, East Champaran, in Trial no. 3721 of 2010 arising out of Complaint Case no. 1176 of 2009, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioners no 2 and 3 shall remain present on each and every date before the court below till disposal of the case. If the petitioners no.2 and 3 fail to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. AAhmad/ ( Akhilesh Chandra, J.)