IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29736 of 2011 1. Upendra Dwivedi, son of late Annirudh Dwivedi 2. Deepak Kumar Dwivedi, son of Upendra Dwivedi Both are resident of village – Khushi Tola, P.S. – Bairiya, District – West Champaran. --------- Petitioners. Versus 1. The State of Bihar 2. Pratibha Dubey, wife of Deepak Kumar Dwivedi and daughter of Shashikant Dwivedi, resident of village – Rajepur, Kohra Tola, P.S. – Govindganj, District – East Champaran. --------- Opposite Parties. ****** 03. 24.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State who is armed with carbon copy of the case diary. The two petitioners, apprehending their arrest in connection with Bairiya P.S. Case No. 171/2009 for offences under Sections 341/342/323/498A/427/379/34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act, pending in the court of Chief Judicial Magistrate, are named accused in this case. Submission is that during investigation police released them on bail on 02.12.2009 on furnishing due bail bonds subsequently without any intimation to the petitioners concealing everything about their release on police bail request was made before the court below to issue warrant of arrest against them as is evident from order dated 20.07.2011 that prayer of Investigating Officer is allowed and warrant of arrest is issued. 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 Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bairiya P.S. Case No. 171/2009, 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. Simultaneously, court below is directed to look into this matter and also do the needful in accordance with law. Rajeev/- ( Akhilesh Chandra, J.)