IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28632 of 2011 1. Mahesh Yadav, son of Mahendra Yadav 2. Usha Devi, wife of Mahesh Yadav All resident of village – Baisa, P.S. – Parbatta (Maraiya), District – Khagaria. -------- Petitioners. Versus The State of Bihar -------Opposite Party ****** 03. 23.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners apprehending their arrest in connection with Parbatta P.S. Case No. 154/2011 (G.R. No. 1009/2011) for offences under Sections 302/201/34 of the Indian Penal Code. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with regard to petitioner no. 1 namely, Mahesh Yadav, with a liberty to surrender before the court below within a fortnight and seek regular bail, where the prayer for regular bail of the petitioner no.1 shall be considered by the court below on its own merit without being prejudice of instant withdrawal. Accordingly, this application stands disposed of as withdrawn with regard to petitioner no. 1 namely, Mahesh Yadav only. So far petitioner no. 2 is concerned, she is named accused in this case being sister-in-law (Gotni) of deceased sister of the informant who died under unnatural circumstances and dead body was also disposed of in haste without waiting for the informant or any other family members. However, undisputedly this lady petitioner is a person who informed there informant about critical conditions of the deceased. Taking into consideration this aspect, in the event of her arrest or surrender within a period of four weeks, let the above-named petitioner no.2 namely, Usha Devi, be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria, in connection with Parbatta P.S. Case No. 154/2011 (G.R. No. 1009/2011), 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.)