IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42794 of 2011 1. PINTU SINGH @ PINTU KR., SON OF JAI PRAKASH SINGH. 2. CHINTU SINGH @ CHINTU KR. SINGH, SON OF JAI PRAKASH SINGH. 3. HILJHARO DEVI, WIFE OF JAI PRAKASH SINGH. RESIDENT OF VILLAGE DEHARI, P.S. UDWANT NATAR, DISTRICT BHOJPUR(BIHAR). Versus THE STATE OF BIHAR ------------- 02. 14.12.2011 For the reasons indicated in the restoration application, Cr. Misc. No.26007 of 2011 is restored to its original file and number. Restoration application is, accordingly, disposed of. Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offences under Sections 147, 149, 323, 325, 379, 337 of the Indian Penal Code. They are named in the First Information Report and are alleged to have assaulted the informant and his daughter, who suffered serious injuries and were also advised for X-ray. Gold chain is also said to have been snatched from one of the injured. It is submitted on behalf of the petitioners that the petitioners and the informant are agnates and 2 this case has been lodged only with a view to implicate the petitioners in criminal case so that they may be sent to jail custody, although, the informant and his daughter neither suffered injury nor gold chain was snatched. In this connection, it is submitted that learned Sessions Judge while passing the order dated 19.04.2011 only noticed the submission of the learned P.P. that informant and his daughter suffered lacerated wound on their scalp and that the daughter was even advised to take X-ray but the learned Sessions Judge did not himself peruse the injury report to confirm the aforesaid submission of the learned P.P. Having heard counsel for the parties, I direct the petitioners to surrender in the court below within four weeks from today and apply for regular bail, which should be considered in the light of the injury report available in the case diary. It is made clear that if the injury report is not available in the case diary the learned C.J.M. shall call for the same and until he peruses the injury report himself no final order on the bail petition of the petitioners shall be passed by the C.J.M., but during the pendency of the matter, no 3 coercive steps shall be taken against the petitioners. If after receipt of the injury repot learned C.J.M. is not inclined to grant bail to the male members of the family, the lady petitioner, namely, Hiljharo Devi, petitioner no.3 shall be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhojpur at Ara in connection with Udwant Nagar P.S. Case No.149 of 2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Rajesh/ ( V. N. Sinha, J.)