IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10583 of 2011 1. Brij Mohan Prasad @ Noonu Babu, son of Late Girdhari Prasad. 2. Pallav Kumar, son of Brij Mohan Prasad. Both residents of Station Chowk, Forbesganj, Ward No. 11, P.S. Forbesganj, District-Araria……………….……………….Petitioners. Versus THE STATE OF BIHAR ----------- 3. 28.04.2011. Heard the learned counsels for the petitioners and Mrs. Renu Kumari, learned A.P.P., appearing for the State. The petitioner no. 1 being the brother of husband of informant and petitioner no. 2 being the son of petitioner no.1 are apprehending their arrest in a case registered under Sections 341, 323, 380,504 and 506 of the Indian Penal Code. The accusation against the petitioners is that the informant when retuned from Deoghar, found several articles, ornaments and valuable missing and when enquiry was made from the petitioners, they made assault to the informant and threatened to kill the husband of the informant. Learned senior counsel for the petitioners submits that both sides are own brothers and with regard to the property 2 dispute title suit no. 147 of 2008 is going on between the parties. Learned senior counsel for the informant submits that the informant has been dispossessed from the ancestral property which was agreed to be given to the informant and they are not allowing the informant to lead peaceful life. It is submitted by the learned senior counsel for the petitioners that both parties are living in the same house. In view of this Court, the grievance of the informant can not be redressed in the present proceeding as the same can be redressed through the civil forum. Considering the background of land dispute in which the accusation has been levelled against the petitioners, let the petitioners, above named, be released on bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Forbesganj P.S. Case No. 437 of 2010 on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the 3 satisfaction of the learned C.J.M. Araria, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U. K. ( Dinesh Kumar Singh, J)