IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44027 of 2010 1. MOHAN MAHTO, son of Baidyanath Mahto 2. Shaili Devi, wife of Mohan Mahto Both resident of village Suleman Chhapra, P.S.Sahebganj, District – Muzaffarpur. 3. Kodai Mahto, son of Panchu Mahto, resident of village – Harnahi, P.S. Baruraj, District – Muzaffarpur. ----- Petitioners. Versus THE STATE OF BIHAR ---- Opposite Party ------- 02. 14.12.2010 Heard learned counsel for the two petitioners and learned Additional Public Prosecutor for the State. In this ten years old case instituted on the basis of complaint case no. 248/2000. The petitioners are also named accused having almost similar allegation, as to co-named accused Baidyanath Mahto and Radha Mahto who appear acquitted in Sessions Trial No. 165/2006 vide judgment dated 26.11.2007 passed by Additional Sessions Judge, Fast Track Court No.1, Muzaffarpur. However, investigation against the petitioners is still pending. The informant father of the victim appears making statement in trial of co-accused exonerating involvement of all the suspects including the petitioners. If, it is so, and the informant stood as one of the bailors, in the event of their - 2 - arrest/surrender before the court below within four weeks of receipt of the copy of this order, petitioners, namely, Mohan Mahto, Shaili Devi and Kodai Mahto, are directed to be released 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 S.D.J.M. (West) Muzaffarpur, in connection with Sahebganj P.S. Case No. 45/2000, 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 till disposal of the case, in case of failure on two consecutive dates, the liberty shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)