IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29034 of 2008 MANJU DEVI & ANR Versus STATE OF BIHAR ----------- 2. 14.08.2008 Heard learned counsel for the petitioners and the State. On perusal of the impugned order dated 13.02.2007 passed by the Sessions Judge, Munger is Anticipatory bail application No. 667 of 2006, I find petitioners were allowed anticipatory bail subject to the condition that Sapna Devi should also surrender before the Court Below. The time for petitioner’s surrender was for one month. Counsel for the petitioners submits that Sapna Devi did not surrender as she was granted anticipatory bail in Cr. Misc. No. 8175 of 2008. Subsequently when the petitioners filed modification application, it was rejected by the Sessions Judge, Munger by order dated 3.7.2008 for the reason that it was not moved within one month i.e. the stipulated period. I find that there is no reason for the petitioners to move before this Court for grant of anticipatory bail as it has already been allowed to them. The Sessions Judge, Munger should have modified the bail order dated 13.2.2007, considering the fact that condition imposed for granting anticipatory bail to the petitioners could not have been fulfilled for the reason that Sapna Devi was granted anticipatory bail by the Hon’ble High Court in Cr. Misc. No. 8175 of 2008, and petitioners in no way could have compelled her to surrender. Accordingly this anticipatory bail application is being disposed of. The petitioners should surrender before the concerned - 2 - Court within the time specified by the Sessions Judge, Munger, who will modify the order dated 13.2.2007 granting anticipatory bail to the petitioner fixing fresh time for surrender before C.J.M., Munger. Shageer (Mridula Mishra, J)