IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24835 of 2008 RAM JIWAN THAKUR Versus THE STATE OF BIHAR For the Petitioner:- Mr. Ashwani Kr. Singh, Advocate and Mr. Pankaj Kumar Das For the State:- Mr. Parmeshwar Mehta, A.P.P. ----------- 03 26.09.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is facing prosecution under Sections 465 and 468 of the Indian Penal Code. So far objection by Stamp Reporter is concerned, it is submitted on behalf of the petitioner that in the certified copy of the order passed by the learned Sessions Judge, C.R. No. 335 of 2005 has appeared in place of C.R. No. 335 of 2004. However, if the order is read in its entirety then it appears that the case is in continuation and connected with Laheriasarai P.S. Case No. 69 of 2003, arising out of complaint petition bearing C.R. No. 147 of 2003. Learned counsel submits that apparently there is a typographical error. On consideration of aforesaid submissions made on behalf of the petitioner, the objection aforesaid is ignored. Learned counsel for the petitioner submits that earlier a complaint was filed which was sent to the Police by the learned Magistrate for investigation and after investigation Final Form was submitted by the Police exonerating the petitioner. However, on protest petition being filed by the complainant, cognizance has been - 2 - taken by the learned Magistrate under Sections 465 and 468 of the Indian Penal Code. Further contention is that it is a case of civil nature. The remedy before the complainant was to knock at the door of Civil Court for cancellation of sale deed. Learned counsel for the State submits that the complainant has been deceived. Some other reason was shown to her for coming to the Registry Office and without her knowledge sale deed has been executed and registered. Having regard to the submissions made on behalf of the parties and in the facts and circumstances of the case petitioner namely Ram Jiwan Thakur, in the event of arrest of surrender in the court below within six weeks from the date of receipt of a copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Mohit, Judicial Magistrate, Ist Class, Darbhanga in connection with C.R. No. 335 of 2004, corresponding to T.R. No. 2316 of 2008 subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. P.K. (Dr. Ravi Ranjan, J.)