IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13767 of 2009 1. MD. ZAMIRUDDIN son of late Rajab Ali 2. Shahzadi Begum wife of Md. Zamiruddin 3. Md. Shamim alias Md. Shamimuddin son of Md. Zamiruddin 4. Bibi Malika wife of Md. Shamim alias Md. Shamimuddin. Petitioner Nos.1 and 2 presently resident of Mohalla – Banshbari, New Jalpaigori, P.S. Bhagtinagar, District – New Jalpaigori (West Bengal). All the petitioners permanent residents of village – Dandkhora, P.S. Dandkhora, District –Katihar. ………… Petitioners Versus STATE OF BIHAR ………… Opp party ----------- 02. 24.04.2009 Heard learned counsel for the petitioners and learned APP for the State. Petitioners apprehend arrest in Complaint Case No. 2589 of 2006 for the offence under section 406 of the Indian Penal Code. Learned counsel for the petitioners submits that from the narration in the complaint and the background to the dispute basically it is a civil issue which used to be sorted out in a civil court but no case as such for criminal prosecution is made out. Without expressing any opinion on the said contention, let the petitioners Md. Zamiruddin, Shahzadi Begum, Md. Shamim alias Md. Shamimuddin and Bibi Malika, in the event of arrest or surrender before the court concerned within four weeks, be enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, in connection with complaint case No. 2589 of 2006, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. rkp (Ajay Kumar Tripathi, J) - 2 -