IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36750 of 2009 1. MAHESH MAHTO, Son of Late Mahadev Mahto. 2. Smt. Bhagmati Devi, wife of Late Mahadev Mahto. 3. Umesh Mahto, Son of Late Mahadev Mahto. 4. Smt. Basanti Devi, wife of Umesh Mahto. All are resident of Vill- Kesariya Dih, P.S.- Kesariya, Dist- East Champaran at Motihari :---- Petitioners. Versus THE STATE OF BIHAR :---------Opposite Party ----------- 2. 14.10.2009. Heard learned counsel for the petitioners and the State. This application has been filed to modify order no.02 dated 10.06.2009 passed in Cr. Misc. No. 9847 of 2009, whereunder this Court directed the court below to consider the prayer of the petitioners for grant of bail in the light of the findings recorded in paragraphs 76 and 83 of the case diary and until such verification not to take any coercive step against the petitioners. Counsel for the petitioners states that in compliance of the orders of this Court they filed surrender-cum-bail petition on 08.07.2009 but the court below is not appreciating the contents thereof and is not considering the prayer of the petitioners for grant of bail in the light of the findings recorded in paragraphs 76 and 83 of the case diary. Let the court below comply the direction of this Court contained in Order No.2 dated 10.06.2009 passed in Cr. Misc. No. 9847 of 2009 and consider the bail plea of the petitioners in the light of the statement of the doctor recorded in paragraphs 76 and 83 of the case diary. With the aforesaid observation, this modification application is disposed of. Let this order be communicated to the court below (Chief Judicial Magistrate, East Champaran at Motihari) in connection with Kesariya P.S.Case No. 68 of 2008 through fax on payment of usual charges by the petitioners. P.K.P. (V.N.Sinha,J.)