1 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.20132 of 2011 1. Arbind Das @ Arbind Kumar Das S/o Ram Bilas Das 2. Anil Mahto alias Anil Kumar, S/o Ramashray Mahto 3. Ramji Mahto, S/o Uchit Mahto. 4. Krishna Murti, S/o Ram Nandan Mahto All R/o Village- Baso Tol, P.S. Bibhutipur, District-Samastipur. 5. Jwala Singh S/o Guneshwar Mahto, permanent R/o Village- Kumbhi, P.S. Khodawanpur, District-Begusarai, presently residing at village- Kapan, P.S. Bibhutipur, District-Samastipur. --Petitioenrs Versus The State Of Bihar --Opp.Party 4 01.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. By order dated 04th July, 2011, application on behalf of petitioner no.1 has already been withdrawn. Name of petitioners 2 to 5 in this case, instituted against unknown, on recovery of a dead body of a girl, emerged during investigation as persons kidnapping her and committing sexual offences and killing to conceal their identity. The 2 dead body was identified by father of the deceased on the very next day. Submission is that at no point of time earlier any one said anything against the petitioners though in subsequent statements of father of the deceased and her brother etc. during investigation it has come that right from beginning they were in know of alleged complicity of the petitioners, but for reasons best known to them without any explanation they did not disclose anything against the petitioners. This itself is indicating of false implication of the petitioners. Police, after investigation, submitted charge sheet against two others including mother of the deceased but cognizance has been taken in this case against these petitioners also. Considering the facts and circumstances, the petitioners no.2 to 5, 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 3 sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, Samastipur, in Bibhutipur P.S. Case no. 180 of 2007, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure with additional condition that the petitioners shall remain present before the court below till disposal of the case. In case of failure to remain present on two consecutive dates without reasonable explanation, the privilege granted shall be deemed to be cancelled. AAhmad ( Akhilesh Chandra, J.)