IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31526 of 2011 ====================================================== 1. Shashikant Tiwary, son of late Brij Nandan Tiwary. 2. Kalwati Kuer, wife of late Brij Nandan Tiwary. Both are residents of Vill. Bishanpura, P.S. Udwantnagar, Distt. Bhojpur. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. D.K. Pandey with Mr. Pramod Kumar Singh, Advocates For the Informant/s : Mr. Atul Kumar Pandey, Advocate For the Opposite Party/s : Mr. U.N. Mishra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 15-10-2011 Heard. The petitioners apprehend their arrest in a criminal prosecution registered under Sections 420, 467, 468 and other allied offences under the Indian Penal Code. Learned counsel for the petitioners submits that as per prosecution case, the petitioners are alleged to have executed certain sale deeds with respect to certain plot of lands claimed by the complainant. It is submitted that as a matter of fact the petitioners and the complainant are agnates and descendants of their common ancestor and the lands in question belong to the Patna High Court Cr.Misc. No.31526 of 2011 (2) dt.15-10-2011 2 petitioners. It is also submitted that dispute of title between the petitioners and the complainant can not be decided in a criminal trial. If the complainant is at all aggrieved and claims title over the lands in question, then she is entitled to get her title decided in a properly instituted civil suit. Learned Additional Public Prosecutor appearing for the State and learned counsel appearing on behalf of the complainant/informant have strongly opposed the prayer made on behalf of the petitioners for grant of anticipatory bail. Be that as it may, in view of the fact that there appears to be a civil dispute between the parties with respect to lands in question, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioners are directed to be released on bail in connection with Ara Nawada P.S. Case No.87 of 2011 on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara subject to the conditions laid down under Section 438 (2) of the Cr.P.C. Anjani /- (Birendra Prasad Verma, J)