IN THE HIGH COUR T OF JUDICATURE AT PATNA Cr.Misc. No.27187 of 2011 1. Ram Balak Mahto, son of Bhadai Mahto 2. Tara Devi, wife of Ram Balak Mahto Versus The State Of Bihar ----------- 2 20.10.2011 Heard learned counsel for the petitioners as well as learned A.P.P. Petitioners who were granted anticipatory bail vide A.B.P. No.01 of 2010 in connection with Compliant Case No.3192/2009 wherein cognizance has been taken under Section 323, 379 of the I.P.C. with a condition to surrender before the learned lower court within a month, could not availed the opportunity and the prayer on their behalf was rejected on 19-05-2011 without any rhyme and reason as is evident from order itself and that has given a reason to the petitioner to approach this Court. Such kind of prayer should have been entertained by the lower court itself as it does not affect the merit of the case in stead of having declined at their score. Be that as it may, the order dated 19-05-2011 is set aside. Two months time is granted to the petitioners to surrender before the learned lower court in compliance of order dated 07-04-2011 passed in A.B.P. No.01 of 2010. Let the order be communicated to the court concerned through fax at the cost of the petitioner. PN (Aditya Kumar Trivedi, J.)