IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27665 of 2011 1. Devendra Paswan son of Sri Dwarika Paswan. 2. Kilo Devi wife of Sri Devendra Paswan. Both residents of village Gobarbigha, P.S. Aasthawan in the district of Nalanda. Petitioners. Versus The State of Bihar. Opposite party. ----------- 2. 12.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Comp. Case No.1582 (C) of 2007 pending in the court of Chief Judicial Magistrate, Nalanda. Two petitioners are named accused in this Complaint Case of the year 2007 with allegation of taking away the passbook of the complainant Paro Devi, wife of Rajkumar Ram, which opened for Indira Awas Yojna Scheme and a sum of Rs. 25,000/- was allotted and transferred therein. Submission is that the complaint has been filed just in retaliation of an earlier case bearing Asthama P.S. Case No. 150/07 filed at the instance of co-accused Rajendra paswan non- petitioner against the named witness in the complaint case. Moreover, on basis of Annexure-5, statement of Bank Account in the name of complainant, it is submitted that the amount under Indira Awas Yojna Schme was transferred in her account only in the year 2009 whereas a case was lodged two years before. Considering the facts and circumstances of the case, 2 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 Court of Sri Bipin Kumar, Judicial Magistrate, Ist Class, Nalanda at Biharsharif in connection with Complaint Case No. 1582 (C)of 2007 subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly at least for two years or till disposal of the case, whichever is earlier and in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled Kamlesh (Akhilesh Chandra, J.)