IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.39153 of 2011 1. Vijay Chouhan 2. Chhote Chouhan, Both sons of Raj Kishore Chouhan, resident of village – Ahiyapur, P.S. – Noor Sarai, District – Nalanda. 3. Phula Devi @ Shyamphul Devi, W/o – Sone Lal Chouhan, resident of village – Jakhaur, P.S. – Roh, District – Nawada. --------- Petitioners. Versus The State of Bihar ----Opposite Party ******* 02. 02.12.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The three petitioners, apprehending their arrest in connection with Complaint Case No. 287(C)/2010 for offences under Sections 306/363/498A/120B of the Indian Penal Code, are named accused in this case proceeding on the basis of protest complaint being in-laws of deceased daughter of the complainant who died under unnatural circumstances within eight years of her marriage. Submission is that earlier one UD case was instituted at Delhi where death of the deceased took place which ultimately concluded with finding of commission of suicide by the deceased. However, at the instance of complainant Nagarnausa P.S. Case No. 99/2008 was instituted on the basis of complaint case no. 589/2008, but police after investigation finding the case not true against the accused persons including the petitioners submitted final form which was accepted and case proceeded of this protest complaint case. Further it is submitted that inadvertently due to wrong perception of learned counsel conducting the matter earlier before the court below, earlier rejection of prayer under Section 438 of the Cr.P.C. by learned Sessions Judge, was not mentioned in the original application before learned Sessions Judge, but it is nothing but a bonafide error on the part of learned counsel. Considering all the facts and circumstances of the case, in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners 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 Judicial Magistrate, 1st Class, Hilsa, Nalanda, in connection with Complaint Case No. 287(C)/2010, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition 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.)