IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41797 of 2008 RAJENDRA PRASAD YADAV & ORS Versus STATE OF BIHAR ----------- For the petitioners : Mr. Rajesh Kumar Singh, Adv. Mr. Rana Pratap Singh, Adv. Mr. Vivekanand Singh, No. 1, Adv. For the State : Mr. Choubey Jawahar, A.P.P. ---------- 2. 29/9/2008 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are facing prosecution under Sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioners submits that this case is of purely civil nature as is apparent from the averments of the complainant itself. It is submitted that there is no contract between the petitioners and the Complainant rather there was contract between the mother of the petitioners and the Complainant. Even if the allegations are considered to be true, it appears that it is a matter of civil dispute. Even according to the Complainant, the contract has been complied partially which is apparent from paragraph-7 of the complaint petition. Learned counsel for the State submits that it appears that mother of the Complainant has transferred 96 Katthas 04 Dhurs of the land by sale deed and rest 37 Katthas 16 Dhurs of the value of Rs. 94,500/- was yet to be transferred but the mother has died and the sons are not complying her contractual obligations. Having regards to the aforesaid submissions and in - 2 - the facts and circumstances of the case, let three petitioners namely, Rajendra Pd. Yadav, Jitendra Pd. Yadav, and Bijendra Pd. @ Lallu Pd. Yadav, in the event of their arrest or surrender before the court below within six weeks from the date of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Purnia, in connection with Complaint Case No. 1628 of 2006 subject to the conditions as laid down under Section 438 (2) of the Cr. P.C. S.Ali (Dr. Ravi Ranjan, J.)