IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.23110 of 2011 Daya Shankar Mishra @ Mithilesh Kumar Mishra, Son of Jaymangal Mishra, R/V Tenant in the hosue of Ramsudin Yadav, Fulvatika, New Yarpur, P.S. Gardanibagh, District Patna. ---------- Petitioner Versus The State Of Bihar -------- Opposite Party ------------------ 03/- 09.09.2011 Heard Mr. Shekahr Kr. Singh learned counsel for the petitioner and Mr. Damodar Pd. Tiwary learned Additional Public Prosecutor for the State, who is armed with carbon copy of the case diary. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under Sections 341, 323, 379, 420 of the Indian Penal Code, is one of the named accused in this case with allegation of assault to the informant and also withdrawing a sum of Rs. 7,00,000/- from her account. Submission is that from paragraph no. 30 of the case diary, it is evident that no amount was withdrawn from the account of the informant and further informant and petitioner both in fact were living as husband and wife and due to some petty dispute, the present case was instituted. Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna, in connection with Kadam Kuan P.S. Case No. 110 of 2011, G.R. No. 1783 of 2011, 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 on each and every date at least for two years or till disposal of the case, whichever is earlier, 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.)