IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.862 of 2011 1. BALESHWAR SINGH Son of late Hari Singh, 2. Rina Devi, wife of Ram Ratan Singh, 3. Biru Kumar, son of Amir Chand Singh, All residents of village Pakriyawar, P.S. Udwant Nagar, District Bhojpur at Ara, 4.Nand Kishor Ram son of Kanhaiya Singh, `resident of village Chandwa, Police Station Ara Nawada, District Bhojpur at Ara … … … Petitioners Versus THE STATE OF BIHAR… .. OPPOSITE PARTY For the Petitioners: Mr. Rajiva Ranjan, Advocate For the State : Mr. Md. Fahimuddin, APP ----------- 2 12.01.2011 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offences punishable under Sections 467, 468 and 420/34 of the Indian Penal Code. As per the allegation in the complaint, which was later on forwarded for investigation by the concerned Chief Judicial Magistrate, upon which Ara Nawada P.S. Case No. 193/10 has been registered, relates to 4 decimals of land appertaining to Khata No. 260 Khesara No. 2510 and the area of the plot is 12 decimals, in which the share of the complainant is 4 decimals and he is coming in possession of the aforesaid land. However, the petitioner no. 1 transferred 2 that part of the aforesaid plot no. 2510 in favour of his daughter-in-law, i.e. petitioner no. 2 knowing fully well that the land belongs to the complainant. It is urged on behalf of the petitioners that the entry in the survey record of right is in joint names of the complainant and petitioner no. 1, who transferred his share in favour of his daughter-in-law (petitioner no. 2 herein) as his son always lives in intoxicated condition and with many bad habits. Learned counsel has annexed a genealogical table to show that the complainant and petitioner no. 1, both belong to the branch of common ancestor, namely, Hira Koeri. Learned counsel further submitted that the revenue record of right goes to show that the disputed plot has been shown to be in joint possession of the co-sharers. Thus, it is urged that the case is of civil nature and if the complainant is aggrieved he can take steps for redressal of the grievances by taking recourse to civil litigation. It is stated that petitioner no. 2 is the daughter-in-law of petitioner no. 1, in whose favour the concerned sale deed has been executed, whereas petitioner nos. 3 and 4 are the witnesses of the sale deed. In the facts and circumstances of the case, in the 3 event of their arrest/surrender in Ara Nawada P.S. Case No. 193/10 within four weeks from today, the above named petitioners, 1.BALESHWAR SINGH, 2. Rina Devi, 3. Biru Kumar and 4. Nand Kishor Ram, shall be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Ara subject to the conditions as laid down under sub- section (2) of Section 438 of the Code of Criminal Procedure. SC (Dr. Ravi Ranjan, J.)