IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41061 OF 2009 1. MADAN MAHTO, SON OF LATE RAMRUP MAHTO, RESIDENT OF VILLAGE BANGARHATTA, POLICE STATION GHANSHYAMPUR, DISTRICT DARBHANGA 2. SUDAMA DEVI, DAUGHTER OF LATE NATHUNI PASWAN, RESIDENT OF VILLAGE THARHI, POLICE STATION THARHI, DISTRICT SIRHA (NEPAL). PRESENT AT MAHARAJGANJ, NEAR COLD STORE, POLICE STATION TOWN, DISTRICT MADHUBANI ………………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. ANNAPURNA DEVI, WIFE OF MADAN MAHTO, DAUGHTER OF SITA RAM MAHTO, RESIDENT OF MOHALLA GADIYANI, WARD NO. 3, POLICE STATION AND DISTRICT MADHUBANI …………………………………………………………………OPPOSITE PARTIES ********** 2 11/03/2010 Heard learned Counsel for the petitioners and the A.P.P. appearing on behalf of the State. The petitioners were to appear before the Court below for the purposes of framing of charge. On 21.11.2008, they filed an application for exempting their appearance. That application was dismissed. On the same day, warrants of arrest were issued against the petitioners without considering that no specific order was passed for appearance of the petitioners. Since, learned Counsel for the petitioner has not annexed the order sheet prior to 21.11.2008 by which their bail bonds have been cancelled, this Court has no way of knowing that there was order for their personal presence or not. Nevertheless, considering that now the case is ready for framing of charges, I direct that 2 the petitioners should appear before the Court of the Sub Divisional Judicial Magistrate, Madhubani within a period of three weeks from today and file an application for grant of bail. The Court below will grant them bail considering that they have not misused the privilege of bail in the strict sense of the terms. This application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)