IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45861 of 2008 1. Nand Kishore Singh, son of Tuna Singh 2. Anil Kumar Singh 3. Sunil Kumar Singh 4. Arun Kumar Singh 5. Rakesh Kumar Singh 6. Santosh Kumar Singh, all sons of Nand Kishore Singh 7. Ramdulari Devi, wife of Nand Kishore Singh, all resident of village . Makrandpur, P.S.Gayghat, Dist.Muzaffarpur. Versus The State of Bihar ----------- 2 12.11.2008. Learned counsel for the petitioners submits that by order dated 17.9.2008 passed in Cr.Misc. No.38749 of 2008 this court disposed of the prayer of the petitioners for anticipatory bail with a direction that if the petitioners surrender within six weeks before the Sub.Divisional Judicial Magistrate, East Muzaffarpur in connection with Gaighat P.S.Case No.120 of 2000, Trial No.373 of 2008. and satisfy the court that both parties have entered into voluntary compromise, in that event the petitioners shall be enlarged on bail on the date of surrender itself on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each. It has been further submitted that although a compromise petition is available on the record and counsel for the informant has appeared in the court concerned to support the compromise petition but the court below is insisting for physical production of the informant to satisfy itself whether the compromise is voluntary and genuine. Learned counsel also submits that the informant is not willing to appear in the court for any purpose. In the aforesaid circumstances the court below will be well advised to issue a notice to the informant whether the informant has - 2 - any objection to the compromise petition filed in the court by his counsel and whether he has engaged a counsel on his behalf. This should be done immediately on production/receipt of a copy of this order. Thereafter, if the informant does not appear on the date fixed and does not oppose the compromise petition then the court below shall grant bail to the petitioners on their surrender on the date fixed by the court below. However, if the informant appears and opposes the compromise petition, in that event the court below will be at liberty to take the petitioners in judicial custody. For the purpose the period of surrender is extended and the order dated 17.9.2008 passed in Cr.Misc. No.38749 of 2008 is modified to that extent. However, if the entire exercise is not completed within three months then the conditional order dated 17.9.2008 shall stand revoked. If the cost is deposited by the petitioner, let this order be communicated to the court below through fax. Md.S. (Shiva Kirti Singh,J.)