IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42889 of 2010 1. JANG BAHADUR SAH, son of late Baidhyanath Sah 2. Somari Devi, wife of Jang Bahadur Sah 3. Shushila Devi, wife of Bhairo Sah Petitioners Versus THE STATE OF BIHAR OP ----------- 2/- 05.01.2011 Heard learned counsel for the petitioners as well as learned P.P. for State. Petitioners seek their bail in connection with Chiraiya P.S. Case No.10 of 2010 registered under Sections 304B and 201/34 of the of the I.P.C. The in-laws of the deceased approached this Court under Section 438 of the Cr. P.C. by filing Cr. Misc. No. 21254 of 2010 and they were allowed bail by the Bench of this Court vide order dated 05.08.2010 with direction to them to surrender before the court below within four weeks of receipt of copy of the aforesaid order but unfortunately, the petitioners could not surrender before the court below within prescribed period and subsequently, they surrendered before the learned court below and they were taken into custody. It appears from perusal of annexure-1 i.e. order dated 2 05.08.2010 passed in Cr. Misc. No. 21254 of 2010 that the petitioners were granted privilege of anticipatory bail after considering merit of the case and other circumstances but it also appears that the 9th Addl. Sessions Judge did not apply his judicial mind while passing the impugned order. In view of the aforesaid circumstances, above named petitioners are directed to be released on bail on furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikhana at Motihari, District-East Champaran in connection with above stated Chiraiya P.S. Case No. 10 of 2010. Learned counsel for the petitioners points out that due to typing mistake in prayer portion Sub Judicial Magistrate has been typed in place of Sub- Divisional Judicial Magistrate. Learned counsel for the petitioner is permitted to make necessary correction within course of the day. Ashwini/- ( Hemant Kumar Srivastava, J.)