IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4701 of 2009 ARUN KUMAR VERMA, SON OF LATE BIJENDRA NARAIN VERMA, RESIDENT OF MOUZA VIJAY HATA, P.S. PACHUKHI, DISTRICT SIWAN-----PETITIONER. Versus THE STATE OF BIHAR------OPP. PARTY. ----------- 03. 07.07.2009 Heard learned counsel for the petitioner and the counsel for the complainant. 2. Petitioner is the Branch Manager of Punjab National Bank. He is alleged to have cheated the complainant of Rs.3,45,000/-, which was given to him by the complainant as sale consideration for the house property, which was subject matter of the power of attorney executed by the petitioner herein in favour of the complainant. Out of Rs. 3,45,000/- receipt of Rs. 1,00,000/- is admitted by the complainant. Disputing the receipt of Rs. 2,45,000/- prosecution has been lodged by the petitioner, veracity of its correctness has been doubted by the learned Sessions Judge under order dated 13.1.2009 on the ground of delay in lodging the prosecution. 3. It is, however, submitted on behalf of the petitioner that when the sale deed was not executed by the petitioner, the complainant filed a title suit bearing no. 45 of 2008 for specific performance against the petitioner and the plaint is contained in Annexure-6. Paragraph-13 whereof indicates that the complainant is already in possession of the suit property. 4. Let the petitioner surrender in the court below within four weeks from today and apply for regular bail, which should be considered in the light of the submission noted above and if it is true - 2 - that from the plaint of the suit filed by the complainant it appears that complainant is in possession of the suit property then he, namely, Arun Kumar Verma be admitted to the privilege of bail on furnishing bail bond of Rs.5,000/-(Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in connection with Complaint Case No. 1157C of 2007. Rajesh/ (V.N.Sinha, J)