IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8834 of 2010 1. MD. SHAHABUDDIN 2. MD. SIRAJ 3. MD. MOHIUDDIN 4. MD. JAMAL Versus STATE OF BIHAR . ----------- 2 12.03.2010 Heard both sides. Petitioner nos. 1, 2 and 3 are brothers whereas petitioner no. 4 is their father. They seek anticipatory bail in a case instituted under diverse sections of Penal Code including Section 406 IPC. Allegation is that six (6) years ago, one of the petitioners had approached the complainant/informant for certain amount for treatment and education of his son. A sum of Rs. 30,000/- was advanced and the complainant/informant was put in possession of 1 ½ kathas of land. He developed that land over last 6-7 years. Now, on demand, they refused to execute sale deed. It is the contention of the petitioners that the matter basically involves civil dispute. Adequate remedy may lie before the Civil Court. In the facts and circumstances of the case, in the event of arrest or surrender in the court below within a period of four weeks, let petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Pipra P.S. 2 case no. 135 of 2009 subject to the condition as laid down under Section 438(2) of Code of Criminal Procedure. pkj ( Kishore K. Mandal, J. )