IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7701 of 2011 1. SUDHIR MANDAL, Son of Late Bhuneshwar Mandal. 2. Raj Kumari Devi, W/o Sri Sudhir Mandal. 3. Saukhi Sah, Son of Brihaspati Sah. Versus THE STATE OF BIHAR & ANR . ----------- 4. 24.05.2011 Heard learned counsel for the petitioners and learned counsel for the State. Petitioner No.1, his wife and father-in-law are accuseds in a complaint case lodged by none other than mother of petitioner No.1. The allegation as contained in the complaint is that after partition in the family, certain lands were left to be used by the mother for her maintenance but petitioner no.1 clandestinely created a deed of gift in respect of certain lands including the land falling in the share of mother in favour of his wife. A supplementary affidavit has been filed by the petitioners paragraph 6 whereof reads as under: 6. “That, however the allegation made in para 3 of the complaint, the land in question of 13 decimals of Khata No. 135 Khasara No. 266 was not allotted to the complainant, a cancellation petition dated 10.05.2011, in regard to the aforesaid plot has been filed before the Munsif, Jamui vide civil case no. 01/2011 as per 2 direction of the Hon’ble Court”. Learned counsel for the petitioners submits that the petitioners would not lay any claim in respect of 13 decimals of land appertaining to Khatha no. 135, Khasara no. 266 which is the land of the complainant. In view of the said stand taken in the supplementary affidavit by the petitioners, in the event of their arrest or surrender within four weeks, petitioners above-named shall be released on bail on furnishing bail bonds of Rs. 10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jamui in connection with Complaint Case No. 1420 C/09 subject to the condition that one of the bailers in each case shall be own/close family member of the petitioner. Nitesh ( Kishore K. Mandal, J.)