IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40605 of 2011 1. Shushila Devi, wife of Sri Mithilesh Pati Tiwary 2. Mithilesh Pati Tiwary, son of Late Saraswati Pati Tiwary, both resident of village – Manjharia, P.S. – Bhairoganj, District – West Champaran. -----Petitioners. Versus The State of Bihar -----Opposite Party ******** 02. 16.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Chautarwa (Bhairoganj) P.S. Case No. 176/2011 for offences under Sections 420/34 of the Indian Penal Code, are named accused in this case beign Mukhiya and her husband with allegation of taking Rs. 5,500/- each from the beneficiaries of Indira Awas Yojana in the month of February 2011 at the time of withdrawal of first installment of Rs. 30,000/- each. Submission is of false implication and much delay in lodging of the case which was instituted in the month of October 2011 without any explanation. Moreover, subsequent to making statement of receipt of first installment and asking for remaining which was also paid too. 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 petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Chautarwa (Bhairoganj) P.S. Case No. 176/2011, 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.)