IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15573 of 2009 1. SURENDRA KUMAR,son of Doman Singh, resident of village-Bashilpur,P.S.- Arwal,District-Arwal. 2. Nagendra Kumar Singh @ Nagendra Kumar,son of Bhagat Singh,resident of village-Bashilpur,P.S.-Arwal,Dist.- Arwal. 3. Surendra Prasad Singh,son of Madheshwar Singh,resident of village- Amir Bigha,P.S.-Kaler,Dist.-Arwal. Versus THE STATE OF BIHAR ----------- 02/ 12-05-2009 Heard learned counsel for the petitioners, learned counsel for the complainant and learned counsel for the State. Submission of the learned counsel for the petitioners is that deed, if any, for transfer of the property gifted by the complainant’s husband in her favour, really executed and was a misdeed, then petitioners, who are witnesses of the deed or scribe of the same, may have no interest in the transfer of the property, even that is challenged in the Civil court and needs decision of the Civil court also but fixing criminal liability for the act of the transferor and transferee petitioners’ arrest is not justified, even after considering the submissions made on behalf of the learned counsel for the complainant, I am also of the view that petitioners’ arrest at the moment is not justified. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from today in Complaint Case No.879 of 2008, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten 2 thousand)each with two sureties of the like amount each to the satisfaction of the S.D.J.M., Jehanabad, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )