IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30373 of 2009 RAJEEV KAMAL @ RAJU PATEL Versus STATE OF BIHAR ----------- 3. 08.01.2010 Heard learned counsel for the petitioner and the State and for Opposite party no. 2. The defence in a complaint case under Section 420 of the Penal Code and Section 138 of the Negotiable Instrument Act is that the allegations are of voluntary loan, the moment a cheque for repayment was made Section 420 of the Penal Code has no application and Section 138 of the N.I. Act is bailable. Having considered the facts and circumstances of the case, let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on anticipatory bail on furnishing bail bonds of Rs. 20,000/-(Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of Sri Sandeep Mishra, Judicial Magistrate, Ist Class, Muzaffarpur in Complaint case No. 2161 of 2008. AKS/ (Navin Sinha, J.)