IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5925 of 2010 1. SURESH PRASAD SAH @ SURESH PRASAD, son of Gopal Sah. 2. Prabhawati Devi, wife of Suresh Prasad Sah. Both are resident of Gudri bazaar, Bagaha – 1, P.S. – Bagaha, District – West Champaran. --------------- Petitioners. Versus THE STATE OF BIHAR --------- Opposite Party. ------- 04. 29.06.2010 Heard learned counsel for the petitioners and State. The two petitioners are named in connection with Bagaha P.S. Case no. 457 of 2008 for offences under Sections 420, 406, 464, 468, 472, 120B/34 of the Indian Penal Code instituted on the basis of complaint case no. 586/2008, carry allegation that in the year 2002, there was agreement to sale of the some portion of land with complainant belonging to petitioner no.2 and part amount was paid as advance but during the fixed period the sale deed could not be executed. As alleged, remaining major portion of the amount was received by petitioner no.1 and that too in the year 2002 itself, extending the period for execution of the deed for about six years. Moreover, the dispute between the parties appears to be of civil nature. Considering the facts and circumstances of the case, in the event of their arrest/surrender within four weeks from receipt of the copy of this order, petitioners, namely, (1) Suresh Prasad Sah @ Suresh Prasad and (2) Prabhawati Devi, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each - 2 - to the satisfaction of Chief Judicial Magistrate, Bagaha, West Champaran, in connection with Bagaha P.S. Case No. 457/2008. Subject to condition laid down under Section 438(2) of the Criminal Procedure Code with additional condition to attend to court at least for two years or till disposal of the case, whichever is earlier, on failure on two consecutive dates, privilege granted shall be deemed to be cancelled. Rajeev/ (Akhilesh Chandra, J.)