IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28858 of 2011 1. Kasturi Rang Ojha 2. Adya Nand Ojha Both sons of Late Ram Prasad Ojha, resident of village – Dehura, P.S. – Asaon, District – Siwan. --------- Petitioners. Versus The State of Bihar ---Opposite Party ***** 02. 21.09.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners, apprehending their arrest in connection with Raghunathpur P.S. Case No. 09/2011, for the offences under Sections 418/420/423/424 /426/465/468 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Siwan. Petitioners are named accused in this case instituted on the basis of complaint case no. 3031/2010 with allegation of executing a sale deed for substantial consideration in favour of the complainant, a lady, who subsequently got information that the petitioner defrauded by stating that her mother got the land through deed of gift, but, there is nothing of the kind. Submission is that in fact petitioner was cheating they had in fact gone to execute a deed of entrustment for limited period in favour of husband of the complainant but, in place thereof sale deed has been executed for that recently (about four years). The suit has been filed by the petitioners. Considering the facts and circumstances of the case, they appear not entitled for the privilege sought. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected. As prayed, petitioners may surrender before the court below within fortnight and seek regular bail, their prayer may be considered on its own merit without being prejudice of instant refusal. Rajeev/- ( Akhilesh Chandra, J.)