IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30492 of 2009 1. Hari Balav Khatwe. 2. Khushi Lal Khatwe. Both sons of Late Bouku Khatwe alias Kailu Khatwe. 3. Dhanik Lal Khatwe. 4. Kamal Narain Khatwe. 5. Prem Narain Khatwe. All sons of Late Jashilal Khatwe. 6. Ramdeo Sharma, Son of Hari Balav Khatwe. All residents of Village-Bahuarwa, P.S.-Kishanpur, District-Supaul. ……….Petitioners. Versus THE STATE OF BIHAR ………..Opp. Party. ----------- 2/ 04.09.2009 Heard learned counsel for the petitioners, State and counsel appearing for complainant. The offence is alleged under Sections 420, 323 and 504/34 of the IPC. Allegation in the complaint petition is that the petitioners cheated the complainant by making false statement regarding title of the land. They offered their lands for transfer and accepted consideration money but did not deliver the possession of the land. Subsequently, the complainant came to know from the Kramchari of Mauza that petitioners neither have title nor possession over the land. Counsel for the petitioners submits that the consolidation khatiyan stands in the name of their ancestors as such allegation is false. Counsel for the complainant submits that the petitioners have made interpolation in the record by - 2 - entering name of their ancestors, in reality the petitioners neither have possession nor title of the land. However, counsel for the petitioners is ready to deposit the consideration money in favour of the complainant in case they are granted anticipatory bail. Considering these facts, prayer for anticipatory bail on behalf of above named petitioners is allowed, in the event of their arrest or surrender before the court below within a period of four weeks from today and on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M. Supaul in connection with Complaint Case No. 256C/2002. The S.D.J.M., Supaul will grant provisional bail to the petitioners giving four weeks time to the petitioners to deposit entire consideration money in favour of the complainant in case within the specified time the consideration money is deposited their provisional bail will be confirmed or otherwise cancelled. The payment of consideration money will be subject to the final order passed in the complaint case. Sanjeet/ (Mridula Mishra, J.)