IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23356 of 2009 GORAKH SAH Versus STATE OF BIHAR With Cr.Misc. No.24096 of 2009 1. BHRIGNATH SAH 2. RAM NATH SAH Versus THE STATE OF BIHAR ----------- 2. 31.07.2009 Heard counsel for the parties. Both the applications arise out of the same case being Buxar (T) P.S.Case No. 256/08 instituted under sections 406,420,467,468,471 and 120B IPC. and, as such, they have been heard together. Present order shall govern them. In Cr.Misc.No.23356 of 2009, there is one petitioner who is said to be the attesting witnesses to the execution of the sale deed. In Cr.Misc. No.24096 of 2009, there are two petitioners. Petitioner no.1 is again said to be one of the attesting witnesses to the execution of the sale deed. So far as petitioner no.2 is concerned, Mr. Jagdish Prasad, learned counsel, submits that the police have already exonerated him of the charges which have been duly accepted by the court. In that view of the matter, the application filed on behalf of petitioner no.2 Ram Nath Sah has become infructuous. Having considered the said submissions, the application on behalf of petitioner no.2 Ram Nath Sah (Cr.Misc.No.24096 of 2009) is dismissed as having become infructuous. As per allegation in the FIR, the father of the informant had - 2 - married with three women. The prosecution case is that the informant is a married daughter of the third wife, namely, Badamo Devi. The allegation is that her step mother Taramuni Devi (second widow of her father) got a sale deed executed in the name of the first widow of her father, namely, Keshri Devi. The petitioners are said to be attesting witnesses to the aforesaid sale deed. It is submitted that the dispute is purely civil in nature. In the facts and circumstances of the case, let the petitioner Gorakh Sah (Cr.Misc. No.23356 of 2009) and petitioner Bhrignath Sah (Cr. Misc. No.24096 of 2009), be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of CJM, Buxar in connection with Buxar (T) P.S.Case No. 256/08. hr ( Kishore K. Mandal )