IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22495 of 2010 MD.SALAUDDIN MIYAN SON OF LATE ALLIHUSSAIN MIYAN, RESIDENT OF VILLAGE NAYA GAON, P.O. SISAI, P.S. BHOREY, DISTRICT-GOPALGANJ. --PETITIONER Versus THE STATE OF BIHAR --OPPOSITE PARTY 2 28.07.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner was one of the named accused in Bhorey P.S. Case no. 81 of 2000 wherein after investigation Police submitted final form exonerating all the accused persons with recommendation for taking action against the informant under Sections 182 and 211 of the Indian Penal Code in the year 2000 itself. However, the matter proceeded on protest/ complaint and by order dated 17th February, 2009 cognizance has been taken wherein co-accused, who is none else but wife of the petitioner, has already been granted the privilege by another Bench of this court vide order dated 11th May, 2010 in Cr.Misc. no. 12506 of 2010. Taking into consideration all such aspects, the petitioner, in the event of his arrest or surrender within four weeks from today, is directed to be enlarged on bail on his 2 furnishing bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, first class, Gopalganj, in Complaint Case no. 735 of 2001 / Tr. No. 238 of 2009 arising out of Bhorey P.S. Case no. 81 of 2000 / G.R. 1464 of 2000, subject to the conditions laid down in section 438(2) of the Code of Criminal Procedure with additional condition that the petitioner shall remain present on each and every date before the court below at least for two years or till disposal of the case, whichever is earlier. If the petitioner fails to remain present on two consecutive dates without any reasonable explanation the privilege granted shall be deemed to be cancelled. (Akhilesh Chandra, J.) AAhmad