IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30745 of 2011 1.Chulhai Yadav, son of late Jhangur Yadav 2. Raju Yadav, son of Chulhai Yadav 3. Ajay Yadav, son of Chulhai Yadav 4. Bibhash Kumar Yadav, son of Chulhai Yadav 5. Mina Devi, wife of Chulhai Yadav, all are residents of village-Labha, North lalgunj Bhagat Tola, P.S.-Paranpur, District-Katihar. Versus The State Of Bihar ---------------------------------- 2. 13.10.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Complaint Case No. 2749 of 2010 under Sections 147, 323, 354, 379 and 504 of the Indian penal Code as well as Section 3(X) of SC/ST (Prevention of Atrocities) Act. All the five petitioners are named accused in the case initially instituted as Pranpur P.S. Case No. 52 of 2010 on the basis of a complaint case wherein after investigation police submitted final form which was accepted but the case was proceeded on a protest complaint. Submission is that there is general and omnibus allegation. Moreover, the case appears squarely covered under a decision of the Apex Court in “Jorgia Pentiah Vs. State of A.P. reported in 2009(i) BCCR 153 (S.C.)”. Considering the facts and circumstances of the 2 case, in the event of their arrest/surrender before the court below within a period of four weeks from today, let the above named petitioners be released on anticipatory bail on furnishing bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st Class, Katihar, in Complaint Case No. 2749 of 2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below on each and every date at least for one year (except petitioner no.5 Mina Devi) or till disposal of the case, whichever is earlier, in case of failure on two consecutive dates, without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Ravi/- (Akhilesh Chandra, J.)