IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20302 of 2009 1. NAZIM KHAN, son of late Banne Khan 2. Farid Khan, son of late Maneer Khan Both are residents of village-Sirbit, P.S.-Chainpur, District-Kaimur(Bhabua)- ------------------------------------------------------------------------------Petitioners. Versus STATE OF BIHAR ----------- 2. 20.7.2009 Heard learned counsel for the petitioners, informant and the State. Complainant is the grand-father of petitioner no.1 who allegedly got executed a gift deed and obtained decree from Lok Adalat. There is claim and counter claim from both the parties. As per complaint case, for a certain period complainant was taken into confidence and alluring him act was performed, while on behalf of the petitioners it is said that it was he who on his sweet-will executed the gift deed and compromised at Lok Adalat. Now under pressure of his two sons this criminal case is filed. If the act done by him(petitioner) is forged one then the deed executed by such act may be declared void by canceling by a competent civil court but basing that petitioners’ arrest cannot be justified. I agree with the submission. Having regard to the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of arrest or surrender within one month from the date of receipt/production of a copy of this order the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Bhabua, in - 2 - connection with Complaint Case no.1493 of 2008, Tr. no.2253 of 2009 , subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J )