IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7588 of 2011 JAHAN ARA & SHAFI ALAM @ MD. SHAFI ALAM. Versus THE STATE OF BIHAR ----------- 2. 28.02.2011. Heard. The petitioner no.1 and the complainant are the sisters between them. The complainant has filed a partition suit seeking half of the share in the entire property of her mother who is said to have executed un-registered Hibba-nama in favour of petitioner no.1 Jahan Ara. In that partition suit, the complainant was not indicating any fact that there was any Hibba- nama which could be forged and fabricated or which could be sought to be declared as ineffective and not binding. Ten days after the complaint petition was filed with allegation that petitioner no.1 had fabricated the document in league with her husband, petitioner no.2, so as to claiming the exclusive proprietorship of the whole property on account of that un-registered deed of Hibba-nama. Regard being had to the above facts and circumstance and specially the non- 2 raising of the issue of the Hibba-nama being forged and fabricated in the plaint filed for the partition of the property of her mother, the court directs the above named two petitioners to be released on bail either in the event of their arrest by the police or surrender in the court below on furnishing bail bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Sri Chanchal Kumar Tiwary, Judicial Magistrate, Ist Class, Patna in Complaint Case No.659(C)of 2010, subject to the conditions as laid down under Section 438(2)of the Cr.P.C. B.Kr. ( Dharnidhar Jha,J.)