IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34315 of 2011 ====================================================== 1. Om Prakash Mistri son of Govind Mistri. 2. Reeta Devi wife of Om Prakash Mistri, both the petitioners are the resident of village-Sono, police station-Sono and District-Jamui. .... .... Petitioners Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioners : None For the Opposite Party : Mr. Suresh Prasad Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 12-10-2011 Despite repeated calls, none appears on behalf of the petitioners to press this application. However, I have heard learned Additional Public Prosecutor appearing on behalf of the State of Bihar. The petitioners apprehend their arrest in a criminal prosecution, based on a Complaint Case, in which cognizance has been taken for offences under Sections 420, 467, 468, 471 and 504 of the Indian Penal Code. From the materials available on record, it appears that there is land dispute between the parties. Petitioner no. 1 is alleged to have sold a plot of land to his wife through a sale deed. Petitioner no. 2 is said to be the purchaser of said land. From the averments 2 made in the petition filed by the petitioners, allegation has been disputed and it has been claimed that in fact petitioner no.1 has not executed any sale deed rather executed a mortgage deed. Be that as it may, in view of the nature of allegation, this Court is inclined to accede to the prayer made on behalf of the petitioners for grant of anticipatory bail. In the aforesaid facts and circumstances, in the event of their arrest or surrender before the learned court below within a period of four weeks from today, the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of like amount each in connection with Complaint Case No. 893 (C) of 2010 to the satisfaction of learned Judicial Magistrate, 1st Class, Jamui, subject to the conditions laid down under Section 438 (2) of the Cr.P.C. and subject to further conditions that :- (a) One of the bailors must be a government servant or close family member or relation of the petitioners, who will file an affidavit in the court below showing their relationship with the petitioners. (b) If the petitioners are found involved in same and similar nature of cases in future, then in that cases the informant/prosecution shall be at liberty to file a petition for 3 cancellation of the bail of the petitioners, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving opportunity of hearing to all concerned. (c) The petitioners shall make regular pairvi in the court below in the present case either by appearing themselves in person or through representation by their lawyer on each and every date, and if on two consecutive dates petitioners fail to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioners. Devendra/- (Birendra Prasad Verma, J)