IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27350 of 2011 1. Ram Vinay Sahani & Ram Vinay Kumar, S/o – Chaturi Sahani, resident of village – Ramani, P.S. – Parsauni, District – Sitamarhi. 2. Mithilesh Devi @ Mithala Devi @ Dhuniya Devi @ Mithila Devi, W/o – Arun Sahani. 3. Arun Sahani @ Arun, S/o – late Lal Sahani. Both are resident of village Badhari, P.S. – Runi saidpur, District – Sitamarhi. ---------- Petitioners. Versus The State of Bihar ------Opposite Party ***** 02. 08.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Parsauni P.S. Case No. 59/2010, pending in the court of Chief Judicial Magistrate, Sitamarhi, are named accused in this case instituted on the basis of complaint case wherein police after investigation submitted final form, but, taking a different view cognizance has been taken. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no.1 namely, Ram Vinay Sahani & Ram Vinay Kumar, with a liberty to surrender before the court below within a fortnight and seek regular bail. Permission is granted. On such prayer, regular bail of the petitioner no. 1 shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with respect to petitioner no. 1 namely, Ram Vinay Sahani & Ram Vinay Kumar. So far as remaining petitioner nos. 2 and 3 are concerned, they are only uncle and aunt of petitioner no.1 and there is no allegation leveled against them nor the victim in her statement said anything against them. Considering the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the petitioner nos. 2 and 3 namely, Mithilesh Devi @ Mithala Devi @ Dhuniya Devi @ Mithila Devi and Arun Sahani @ Arun, 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, Sitamarhi, in connection with Parsauni P.S. Case No. 59/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition with respect to petitioner no. 3 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. Rajeev/ ( Akhilesh Chandra, J.)