IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39069 of 2008 SHANKAR SAO @ SHIV SHANKAR SAO PRASAD Versus STATE OF BIHAR 6 29.4.2009 KHAN The petitioner had preferred anticipatory bail being Cr.Misc.No.20872 of 2007 along with Rukmani Devi. This court while allowing the prayer for anticipatory bail of Rukmani Devi by order dated 30.7.2007, permitted the anticipatory bail application of the petitioner to be withdrawn with an observation to surrender and seek regular bail. Learned counsel for the petitioner submits that the dispute in between the parties is of civil nature and the criminal prosecution is misconceived. He further submits that in the instant case charge sheet has been submitted in the year 2008. Learned counsel for the informant submits that the petitioner had cheated him of a sum of Rs.1,50,000/-. He submits that despite the payment of aforesaid amount to the petitioner, the land has not been executed in his favour. Having heard counsel for the parties, this court directs that the petitioner must surrender before the court below within four weeks from today and on so surrendering the learned court below, who is in seisin of the matter, will dispose of his bail application preferably on the same day without being prejudice by the fact that the petitioner has moved this court for anticipatory bail. With the aforesaid observations, the prayer for bail of the petitioner is rejected. (S.P.Singh,J) 2