IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50928 of 2008 1. BINDA YADAV 2. Vinay Singh, both are sons of Rajeshwar Singh, resident of village- Parihara, P.S.-Khudwan, district- Aurangabad ----------Petitioners. Versus STATE OF BIHAR ----------- 2. 21.1.2009 Heard Mrs. Anita Kumari Singh, learned counsel for the petitioner and Mr. Dashrath Mehta, learned A.P.P. The mere perusal of the context of the complaint petition could indicate that neither the vendor was wrong person nor the vendee was the wrong person nor any part of the deed was a false document. Thus, the contention is that the offences under the section relating to forgery of the document do not appear. The respondent’s prayer has been resisted by Sri R. K. Sharma, learned senior counsel for the complainant, on the ground that the wife of the complainant is a lady, who is mentally unsound and could not see the merit and effect of the deed on account of her ill mental health. The counter contention is that it could be an issue to be decided by a competent civil court if a properly framed suit is challenged for the very exclusion of the deed on the ground of fraud etc. Considering the above facts, let petitioners named above be released on bail on furnishing bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Daudnagar, Aurangabad, in connection with Khudwan P.S. case no.33 of - 2 - 2008. sudip ( Dharnidhar Jha,J )