IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43039 of 2010 RAM BILASH SINGH @ RAM BILASH SHARMA Versus THE STATE OF BIHAR ----------- 03. 06.04.2011 Heard learned counsel for the petitioner and the state. Once petitioner was allowed bail till submission of the charge sheet is now refused bail. Doubt can be there about maintainability of the anticipatory bail, but under the circumstance that no mind is applied by cognizance taking court or trial court about constitution of the offence, this anticipatory bail petition is held maintainable, because of the reason that basically informant’s grievance is about her share in the property without any legal right. Formally her husband has also been made accused in the case. The act of the parties followed claim and counter-claim over ancestral property rather share never can constitute an offence under section 498A of the Indian Penal Code. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Jehanabad in connection with Ghoshi P.S. Case No.57 of 2010, subject to conditions as laid down under section 438(2) of the Cr. P. C. Vikash ( Mandhata Singh, J.)