IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33678 of 2009 SANTOSH KUMAR Versus THE STATE OF BIHAR ----------- 4/ 29.03.2010 Heard Mr. Shakil Ahmad Khan, learned Senior counsel, appearing on behalf of the petitioner and Mr. Ram Priya Sharan Singh, learned Addl. P.P. for the State. Petitioner apprehends his arrest in connection with Rampur P.s. Case No. 99 of 2007 dated 09.09.2007, registered for the offence under sections 465, 467, 468, 471, 420, 406, 120B/34 of the Indian Penal Code. It is submitted by learned counsel for the petitioner that both sides are claiming right and title over the house in question. According to the prosecution case the informant claims that he has purchased the lands in question on the basis of agreement executed by one Most. Anutha Devi and Birendra Kumar Singh. By referring to Annexure-4, it is submitted by learned counsel for the petitioner, that aforesaid two persons had executed another deed of agreement for transfer of the house in question to the wife and brother of this petitioner. In view of the bonafide dispute of right and title between the parties, it appears to be a case of civil dispute. Co-accused Smt. Reena Kumari, wife of the petitioner, has already been extended the privilege of anticipatory bail by a Bench of this Court vide order dated 31.07.2008 passed in - 2 - Cr.Misc. No.26023 of 2008, Annexure-8. Learned counsel for the State has also not disputed the aforesaid submission. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest or surrender in the court below within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya in Rampur P.S. Case No. 99 of 2007, subject to the conditions as laid down under section 438(2) of the Cr.P.C. ( Birendra Prasad Verma, J ) BTiwary/