IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35648 of 2011 Madan Seth son of late Laxman Seth, R/o village Noubatpur, P.S. Saidraja, District Chandouli, Uttar Pradesh …Petitioner Versus The State of Bihar ………………..Opposite Party. ----------------- 2 21.10.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with complaint Case No. 1164 of 2005 in which cognizance has been taken of the offence punishable under sections 420, 406, 323, 504 of the Indian penal Code. It is submitted that though the petitioner has been named in the complaint as an accused but nothing specific has been alleged against him. The allegation of making some advance payment for the purposes of purchase of jewellery is against co- accused Om Prakash Seth. It is also submitted that even if , after receipt of the advance money the ornaments were not delivered the same would not constitute an offence under section 406 of 420 of the Indian Penal Code as there is no allegation of any inducement or intention to cheat right from the beginning. Be that as it may, considering the nature of allegation and the submissions made before the court, let the above named petitioner in the event of his arrest or surrender in the court below within a period of four weeks from the date of communication/receipt of a copy of this order, be released on bail on furnishing bail bond of Rs. 5000/- (five thousand) with two 2 sureties of like amount each to the satisfaction of learned Sub- Divisional Judicial Magistrate Bhabhua in complaint case No. 1164 of 2005, Tr. No. 1917 of 2011,subject to the conditions laid down under section 438(2) Cr.P.C. M.Rahman (Ashwani Kumar Singh, J)