IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14304 of 2010 1. SITA KUER @ SITA KUER SHRIVASTAVA, w/o Late Alakhdeo Narayan 2. Shiv Kumari Devi,w/o Gautam Sah 3. Gautam Sah, s/o late Lagu Sah 4. Ram Kumari Devi, D/o Shambhu Sah 5. Shambhu Sah, s/o Jagu Sah 6. Shri Bhagwan Singh @ Bhagwan Singh, s/o Bunnilal Singh All resident of Village-South Bankati, P.S.-Baikunthpur, District-Gopalganj. .. .. Petitioners Versus THE STATE OF BIHAR .. .. Opp.Party ----------- For the Petitioners :Mr. Mritunjay Pd. Singh No.2,Advocate For the State : Mr. Ajay Mishra, Addl.P.P. ------------ 02/ 21-05-2010 Heard the parties. In a criminal prosecution for an offence under Section 468 of the Indian Penal Code, there appears to be bonafide dispute of the right and title between the complainant at one side and petitioner no.1 at the other side. According to the complainant, petitioner no.1 had no right and title over the lands in question, which is the subject matter of controversy, whereas according to petitioner no.1 she, being the descendents of one Yadunandan Lal, had 1/4th share in the entire property. By referring to genealogical table given in paragraph-6 of this petition, it is submitted that the complainant as also petitioner no.1 are descendents of their common ancestor, namely Kunj Bihari Lal, and therefore, petitioner no.1, being rightful owner, had executed the sale deed in favour of petitioners no.2 and 4. Petitioners no.3 and 5 are the respective husbands of petitioners no.2 and 4. Petitioner no.6 is the witness of the sale deed in question. It is also highlighted that 2 there was no criminal mens rea on the part of the petitioners to commit the crime of forgery, rather the entire action on their part was bonafide one. Be that as it may, in view of the fact there appears to be civil dispute between the parties, in that view of the matter, in the event of arrest/surrender within a period of four weeks from today in Complaint Case No.2702/2008, Tr.No.1766/2010, the above named petitioners shall be released on 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 the Judicial Magistrate, Ist Class, Gopalganj, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Birendra Prasad Verma, J.)