IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.34928 of 2010 1. DHARAMRAJ CHOUDHARY son of Late Mohan Choudhary 2. Sunaina Devi daughter of Dharamraj Choudhary Versus STATE OF BIHAR ----------- 2/ 30.09.2010 Heard learned counsel for the petitioners and the State. The petitioners are accused in a case under sections 420, 465, 468, 471 and 120 (B) of the Indian Penal Code. The informant alleged that despite receiving a sum of Rs. 1,05,000/-, petitioner no.1 did not execute sale deed in his favour. The petitioners submit that the land belongs to one Bhola Choudhary, father-in-law of petitioner no. 1, who gifted two kathas of land to his daughter, Patsia Devi. It is further submitted that by mistake during survey, the land was entered in the name of Harkhori Choudhary, who was step brother of Late Patsia Devi. They further submit that petitioner no.1 is a Leprosy patient and he has not received any money from the informant. Furthermore the accused persons assaulted his daughter, for which a complaint case bearing Complaint case no. 1783 of 2010 dated 24.06.2010 has been filed. Learned counsel submits that the opposite party has forged his signature. Counsel for the informant submits that whenever petitioner no.1 received money he made due endorsement of the same. He further submits that everything is in writing. He further submits that in case the petitioner does not want to purchase the land of the informant, he should return the money. 2 The petitioner submits that the dispute, if any, is of civil nature and petitioner no.1 is an old man, aged 70years, and is suffering from Leprosy. After hearing the parties, this Court observes as follows: In case, the petitioner no. 1 is aged near about 70 years, the learned Magistrate would release him on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each. In the facts and circumstances of the case, the petitioner no.2, who is a woman, she is directed to be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Katihar (Town) P.S. case no. 155 of 2010. Petitioner no. 1 is directed to deposit a sum of Rs.20,000/- in the account of informant within three months from the date of his release, which the latter will not withdraw till the decision in the case. Anjani/ (Samarendra Pratap Singh, J.)