IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26215 of 2011 1.Md. Firoz. 2.Md. Istkhar. Both Sons of Late Abdul Rauf, resident of Village Lahuria, Tole Basbaria, P.S. Bela, District Sitamarhi. -------Petitioners Versus The State Of Bihar -----Opposite Party ----------------- 03/- 12/10/2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 364 and 302 of the Indian Penal Code, are named accused in this case instituted on basis of complaint case no. 193 of 2010 with allegation of accompanying son of the deceased, who never returned alive rather the complainant-informant was informed about the death of her son. Submission is that the deceased was somehow or the other killed by some unknown persons in Nepal for which at the instance of the father of the deceased another case was lodged and name of three persons emerged, who are in custody, but much after the such occurrence with imaginary allegation present complaint has been filed giving rise to institution of the case and investigation by the police. Learned Additional Public Prosecutor, who is armed with the case diary up to paragraph nos. 08 dated 27.05.2011 failed to point out anything specific against the petitioners except the allegations leveled in the complaint petition followed by further statement of the informant without any support. 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 petitioners 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, Sitamarhi, in connection with Bela P.S. Case No. 42 of 2010, subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition 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.)