M.B. SHARMA, J.—This is a petition under Section 482 Cr.P.C. in proceedings under section 446(3) Cr.P.C.

2. A criminal case No. 390/1977 under section 457 and 380 I.P.C. was pending trial against; accused Prabhati in the court of learned Additional Chief Judicial Magistrate, Jhunjhunu. Prabhati was ordered to be released on bail and the petitioner Girdhari furnished surety in the sum of Rs. 5,000/- for appearance of Prabhati in the court on all subsequent dates. March 7, 1979 was fixed in the case before the learned Magistrate and the accused did not put his appearance. The learned Magistrate being satisfied forfeited the bail bonds and because the petitioner stood surety, proceedings under section 446 Cr.P.C. were initiated. The petitioner put appearance and an application was filed by him on June 19, 1980 that he made efforts to trace Prabhati but did not succeed, and for the first tune he came to know that he is confined in Police Station, Gudha. The learned Magistrate took into consideration both the above causes shown by the petitioner and under his order dated June 4, 1980 ordered that the entire amount of bail-bonds of Rs. 5000/- be recovered as penalty. The application under

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