IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35409 of 2008 1. Smt.Indira Devi, Wife of Brahmdeo Singh. 2. Ranvir Singh 3. Balbir Singh, both sons of Brahmdeo Singh 4. Jai Prakash Singh, Son of Jhari Singh All residents of village Dina Chakla, PS Gogri, District Khagaria --- Petitioners Versus 1. The State Of Bihar. 2. Suma Devi, Wife of Umesh Ram, Resident of Village Dina Chakia, PS Gogri, District Khagaria --- Opposite Parties For the State : Ram Anurag Singh, A.P.P. ----------- 2 13.7.2011 This application has been filed against the order dated 16.7.2008 by which the Court accepted the petition filed under Section 317 however, cancelled the bail bond of the petitioners on the ground that when the witnesses was to be examined, nobody appeared on behalf of the petitioners to pursue the matter. In my view, this order does not appear to be correct. Once the Court has accepted the application under Section 317, the court ought to have considered that it is not the fault of the petitioners that their counsel did not appear to examine the witnesses. In any case, this matter is very old, and as such in this case if, the petitioners have renewed their prayer for bail and proper orders have been passed, thus nothing further needs to be said by Court. In case the petitioner has not appeared, this Court directs that the petitioners may be granted bail. This application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)