IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52676 of 2008 KAILASH @ PROF. KAILASH SINGH Versus STATE OF BIHAR & ANR ----------- 2 19.5.2009 Heard learned counsel for the petitioner and the State. Differences are there between the complainant and the petitioner for the price of clothes which the petitioner could not return rather issued cheque which also bounced. It is conceded by learned counsel for the complainant also that clothes are given not for any help but it was sought on the occasion of marriage of daughter of the petitioner. So it was not a case of cheating as it was the need of the petitioner. They were known to each other. A paper is read by learned counsel in which there is confession of the petitioner regarding his cheating and that only due to his inability to return back the dues with an assurance to even return the same after selling the land clearly shows the inability of the petitioner, for non- payment of the dues due to inability or bouncing of the cheque may not be made a ground for refusal of anticipatory bail. Hence prayer for anticipatory bail is allowed. - 2 - Having regard to the facts and circumstances, it is directed that in the event of arrest or surrender within one month from today, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gaya, in Complaint Case No. 1074 of 2006 subject to the condition as laid down under section 438(2) Cr.P.C. (Mandhata Singh,J.) AI