IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15275 of 2010 1. Shri Narayan Thakur, Son of Late Bateshwar Thakur. 2. Meena Devi, wife of Shri Narayan Thakur. Both residents of Village- Prataptar, P.S. Bhagwanpur, District- Vaishali........................................................................Petitioners. Versus THE STATE OF BIHAR.........................................Opposite Party. ----------- 3. 06.07.2010. Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Sections 147, 323, 341, 427, 447 and 379 of the I.P.C. The case arises out of a complaint case in which the allegation is that the complainant being the wife of the cousin brother of the petitioner no. 1 has purchased the land from petitioners and from the purchase land some potatoes were taken away and some trees were destroyed. It is submitted by the learned counsel for the petitioners that the petitioners have never transferred any land to the complainant and the land in question is in possession of the petitioners. Hence there is no question of committing theft on the land in question. Moreover, in the complaint case summons have never been served upon the petitioners. 2 Learned Counsel for the petitioners has annexed the order sheet of the learned trial court up to 19.01.2010 which were perused by the learned counsel for the State and it is submitted that the order sheet does not suggest that any summons have been served upon the petitioners. Hence delay in filing the anticipatory bail application is being explained. Considering the fact that the matter appears to arise out with a land dispute between the agnates, let the petitioners, Shri Narayan Thakur and Meena Devi be released on bail on their surrender before the learned court below within a period of twelve weeks from today in connection with complaint case no. 259 of 2003 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J)