IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49411 of 2008 1. LAKSHMAN SAH S/o Jaynarayan Sha 2. Suthari Devi, Wife of Lakshman Sah Both resident of Village- Ahiraulia, P.S. Baruraj, District- Muzaffarpur -------------- Petitioners Versus STATE OF BIHAR ---------------- Opposite Party ----------- 2. 13.1.2009 Heard the learned counsel for the petitioners and counsel appearing on behalf of the State. The petitioners are accused in a case under Sections 406 and 420 of the Indian Penal Code. It is alleged in the complaint petition that the petitioner no. 1 had taken a loan of Rs. 40,000/- from the opposite party to purchase a piece of land in the year 2000. The complaint case has been filed in the year 2008 alleging that the petitioners have committed fraud. Counsel for the complainant submits that there was a panchayati held on 20.9.2007. He had also sent a Pleader notice to the petitioner no. 2. The counsel for the petitioners submits that the complainant is trying to pressurize the petitioners in order to return six katthas of land to the complainant. It is also submitted that the complainant cannot get any remedy in a civil suit as the case would be barred by limitation and as such he has filed this frivolous and false case. Be that as it may, the petitioners, namely, Lakshman Sah and Suthari Devi are directed to be released on anticipatory bail in the event of their arrest or surrender in connection with Complaint Case No. 384/08, Tr. No. 1863/08 on furnishing bail bonds of rupees ten - 2 - thousand each with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, (West) Muzaffarpur, subject to the conditions laid down under Sections 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)