IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1561 of 2009 SANTOSH KUMAR, son of Ram Babu Yadav, resident of Mohalla Bangla Asthan, Maharani Road, P.S. Kotwali, Distt. Gaya. ----Petitioner Versus STATE OF BIHAR ----------- 2. 24.3.2009 Heard the learned counsel for the petitioner and the State as also the learned counsel appearing suo motu on behalf of the complainant. The offence alleged against the petitioner, who is apprehending his arrest in connection with Complaint Case No.1354/08, Tr. No.1677/08, is under sections 420 and 323 of the Penal Code and section 138 of the Negotiable Instruments Act. The allegation against the petitioner is that in course of business transaction, the petitioner took a sum of Rs.2,30,000/- from the complainant and in lieu thereof he gave two post-dated cheques on 29.6.2007 but the said cheques were bounced due to insufficient fund in the account of the petitioner. It is submitted on behalf of the petitioner that after some time, the petitioner arranged money and he paid back the money which would be evident from perusal of the receipt given by the complainant on non-judicial stamp. It is further submitted that the complainant has filed the false case in order to pressurizing the petitioner to make more payment. The learned counsel appearing for the complainant submits that the document annexed with the application, as contained 2 in Annexure 2, which is said to be the receipt of payment, is a forged document. He, however, submits that uptill now no civil suit has been filed for recovery of the alleged amount. Considering the facts and circumstances of the case, let the petitioner above named, in the event of his arrest or surrender in connection with Complaint Case No.1354/08, Tr. No.1677/08 within a period of four weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Ist Class, Gaya, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)