IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8172 of 2010 1. Binod Rai, son of Ram Chandra Rai. 2. Lakshman Rai. 3. Ram Chandra Rai. Both sons of Jagdeo Rai. All residents of Village- Repura, P.S. Patepur, District- Vaishali. 4. Sakila Devi, daughter of Ram Chandra Rai, wife of Bindeshwar Rai, resident of Village-Motipur, P.S. and P.O. Tajpur, District-Samastipur. ………….Petitioners. Versus The State of Bihar ………………………..Opposite Party.s ----------- 3. 21. 05. 2010. A supplementary affidavit has been filed on behalf of the petitioners today in Court. Let it be kept on record. Heard the parties. In a criminal prosecution for offences under Sections 307, 324 and some other allied offences of the Indian Penal Code, though Petitioner No. 1 is not named in the F.I.R. as an accused, but Petitioner Nos. 2 to 4 are named in the F.I.R. vide Annexure-1 as accused. There is some allegations in the F.I.R. regarding their participation in the crime in question. During the course of investigation, one co-accused Jagdeo Rai and one Sanjay Rai were apprehended by the Police and, therefore, Final Form was submitted against them on 26. 02. 2003. However, investigation against remaining accused persons was kept pending. It is submitted by the learned counsel for the petitioners that till today charge sheet has not been submitted against the petitioners in the present case. However, trial of co-accused Jagdeo Rai, who is now dead, was taken up and after examination of some 2 witnesses, a petition under Section 319 Cr.P.C. was filed by the prosecution for summoning the petitioners for facing trial in the present case, which has been allowed by the trial court. Therefore, the petitioners have reasonable apprehension of their arrest. Be that as it may, in view of the fact that the petitioners have been summoned in exercise of power under Section 319 Cr.P.C. for facing trial, in that view of the matter, in the event of their arrest/surrender in the court below in connection with Sessions Trial No. 381/04, within a period of four weeks from today, the above named petitioners shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional District & Sessions Judge, III, Vaishali at Hajipur, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. and subject to further conditions; (a) that one of bailors must be Govt. servant or close family member of the petitioners, who will file an affidavit in the court below showing his/her relationship with the petitioners. (b) The petitioners shall make regular parivi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on 3 each and every dates, and if on two consecutive dates petitioners fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. m.p. ( Birendra Prasad Verma, J.)