IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12306 of 2010 DINBANDHU son of Sri Arjun Prasad Sharma r/o village Mahsoura, P.S. Ramgarh Chowk, Dist. Lakhisarai, at present working as Assitant Teacher, High School, Chandan, Dist. Banka…….Petitioner. Versus STATE OF BIHAR……………O.P. ----------- For the petitioner: Mr. Praveen Kumar, Advocate For the complainant: Mr. Pankaj Kumar, Advocate. For the State: Mr. Nityanand A.P.P. 2 6.5.2010 Heard the parties. In a criminal prosecution for offences under section 417, 420 and 465 of the Penal Code the petitioner and the complainant are admittedly the full brothers and a partition suit is admittedly pending between the parties. According to prosecution case on the basis of family arrangement a document of partition was created showing the partition of properties between the parties, but the petitioner is alleged to have made some interpolation in that document. In view of the aforesaid background and in view of the fact that partition suit is pending between the parties, in the event of arrest or surrender in the court below within a period of four weeks from today, the above named petitioner shall be enlarged on bail on furbishing bail bond of Rs. 10,000/- (ten - 2 - thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Lakhisarai in connection with complaint case no. 652 C of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. It is made clear that for deciding the partition suit the alleged document, which is subject matter of dispute in the present case, shall not be used by the either party in support of their claim for partition. ( Birendra Prasad Verma, J. ) M.Rahman