IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32367 of 2009 ANJIRA DEVI,WIFE OF RAM BRIKSH YADAV, DAUGHTER OF SHYAM SUNDAR YADAV,RESIDENT OF VILLAGE- SIMARI, TOLLA- DUBYAHI, P.S. BISFI, DISTRICT MADHUBANI. Versus THE STATE OF BIHAR . with Cr.Misc. No.35739 of 2009 RAM BRIKSH YADAV S/O YOGENDRA YADAV VILL-ARER TOLE- BISHANPUR, P.S- ARER, DISTT- MADHUBANI Versus THE STATE OF BIHAR ----------- 3 9.3.2010 Heard counsel for the petitioners and the State. Both these applications have been taken together as they arise out of the same P.S. case number. The petitioner Anjira Devi, in Cr.Misc.No.32367 of 2009, is the wife of Ram Briksh Yadav, who is the petitioner in other connected case bearing Cr.Misc.No.35739 of 2009. They apprehend their arrest in a case under sections 420, 406, 427, 380/34 of the Penal Code. It is alleged by the informant that the petitioner Anjira Devi, in conspiracy with other accused, got sale deed executed in respect of the land which she had already sold to him. It is further alleged that the accused persons came and ransacked his house causing loss to the tune of Rs.5,000/-. Counsel for the informant submits that the accused persons have deliberately played fraud by executing another sale deed in favour of other person in respect of the land which they had already sold to him. Counsel for the petitioners submits that the allegation of executing sale deed is against petitioner Anjira Devi and under bonafide mistake the sale deed was executed. However, the petitioners filed a Title Suit which 2 KHAN is pending in the court of the Sub-Judge, Madhubani. It appears that the allegation of executing sale deed is against the petitioner Anjira Devi and not against the petitioner Ram Briksh Yadav. However, the allegation of causing damage of house property to the tune of Rs.5,000/- is attributed against all the accused persons. Considering the facts and circumstances of the case, the petitioners Anjira Devi and Ram Briksh Yadav are directed to be released on anticipatory bail, in the event of their arrest/surrender within six weeks from today, in connection with Bisfi P.S.Case No.86 of 2007 on furnishing bail bonds of Rs.3,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani. One of the surety in case of petitioner Anjira Devi would be in form of cash surety of Rs.3,000/-. Further more, the petitioner Anjira Devi would also be given undertaking that by mistake she had executed the second sale deed in respect of which she had earlier executed the sale deed in favour of the informant. (S.P.Singh,J)