IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41036 of 2011 1.Jainath Singh, Son of Late Deo Lal Rai. 2.Ajit Pratap Singh, Son of Jainath Singh. 3.Udai Narayan Singh, Son of Jai Nath Singh. 4.Savita @ Savita Devi, Wife of Udai Narayan Singh. 5.Ramrati Devi, Wife of Jai Nath Singh. 6.Rinki Devi, Wife of Ajit Pratap Singh. 7.Deepak Narayan Singh, Son of Jai Nath Singh. 8.Chanchal Devi, Wife of Deepak Narayan Singh. All resident of Village Pabarpur, P.S. Nawanagar (Basudewa O.P.), District Buxar. -------Petitioners Versus The State Of Bihar -----Opposite Party ---------------- 02/- 23/12/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. All the eight petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325 and 380 of the Indian Penal Code, are named accused in this case. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with respect to petitioner no. 1, namely, Jainath Singh with a liberty to surrender before the court below within three weeks for a prayer of regular bail, which shall be considered on its own merit, without being prejudiced of instant withdrawal. Permission is granted. Accordingly, this application as regard to petitioner no. 1 stands disposed of as withdrawn. So far as, remaining seven petitioners are concerned, it is submitted by learned counsel for the petitioners that they carry general and omnibus allegation and the dispute between the parties appears to be of civil nature for which one partition suit bearing no. 336 of 2007 is pending and as per submission, trial is going on. Considering the facts and circumstances of the case, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioner nos. 2 to 8 be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Buxar, in connection with Nawanagar P.S. Case No. 111 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to male members i.e. petitioner nos. 2, 3 & 7 to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled. Praveen/- ( Akhilesh Chandra, J.)