IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23671 of 2009 1. MD. MUSTAQUE @ MD.MUSTAFA 2. MD. ISTIAQUE @ MD. ISTAQUE BOTH SON OF NOOR MOHAMMAD 3. HUSN BANO @ BIBI HUSN BANO WIFE OF NOOR MOHAMMAD 4. MD. RIZWAN, SON OF LATE UMDI MIAN 5. BIBI RUBEDA KHATOON @ RUBEDA KHATOON, WIFE OF MD. RIZWAN 6. MD. SULEMAN, SON OF LATE FUDO MIAN 7. MD. HASHIM, SON OF MD. ISAQUE 8. MD. RAHMAN, SON OF LATE UMDI MIAN ALL ARE RESIDENT OF VILLAGE- CHAKLA KAHRIYA, POLICE STATION- CHHATAPUR, DISTRICT- SUPAUL. ----- PETITIONERS Versus THE STATE OF BIHAR ----- OPPOSITE PARTY ----------- 2 10.8.2009 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. Petitioners were granted anticipatory bail by order dated 8.8.2008 with the conditions that they must surrender within 20 days. In the mean time, it is submitted, that the District of Supaul was affected by floods from August, 2008 to November, 2008 and the petitioners could not surrender within aforesaid 20 days of time granted by the Sessions Judge. The petitioners applied for extension of time for the purposes of surrendering in Court which was rejected by the impugned order dated 18.3.2009. It is submitted on behalf of 2 the petitioners that due to the floods, the petitioners lost all his belongings and they were made homeless and therefore, it took them a long time to rehabilitate themselves. Considering these submissions made by the counsel for the petitioners and taking judicial notice of the fact that there was flood in the district of Supaul, this Court quashes the order dated 18.3.2009 rejecting the application for extension of time to surrender in the Court and directs that the Sessions Judge, Saharsa may re-consider the application and allow some time to the petitioners to surrender in Court for the purposes of being granted anticipatory bail. This application is disposed off with the aforesaid observations. Learned counsel for the petitioners is permitted to deposit the cost of FAX for communicating this order to the Sessions Judge, Supaul in Misc. Case No. 05 of 2009. Sanjay (Sheema Ali Khan, J.)