IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49714 of 2008 1. MD.UMAR FAROOQ 2. MD. USHMAN @ USHMAN GHANI @ USHMAN RANI 3. MD. SARFARAJ 4. MD. FIROJ 5. BIBI NUSHRAT 6. BIBI SANJIDA Versus STATE OF BIHAR ----------- 03/ 15-01-2009 Heard the counsel for the petitioners and the counsel appearing for the State. Petitioners are accused in a case under Sections 498(A) and other allied Sections of the Indian Penal Code. Petitioners were granted anticipatory bail by the Sessions Judge vide order dated 3.9.2008 with a condition to surrender before the learned Magistrate within a period of three weeks. Learned counsel for the petitioners submits that they could not surrender within the specified period. The petitioners thereafter again moved for bail before the Sessions Judge who rejected the bail application on the ground that the Sessions Judge has no power to alter or modify the earlier order. Considering the facts and circumstances of the case, petitioners, namely, (1) Md. Umar Farooq, (2) Md. Ushman @ Ushman Ghani @ Ushman Rani, (3) Md. Sarfaraj, (4) Md. Firoj, (5) Bibi Nushrat and (6) Bibi Sanjida in the event of their arrest/surrender in the Court below within four weeks from today shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Complaint Case No. 1643/2007. S.Sb/- (Sheema Ali Khan, J.) - 2 -