IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42018 of 2011 Arun Kumar Singh Versus The State Of Bihar ---------------------------------- 2. 14.12.2011 Heard the parties. Petitioner is apprehending his arrest in Patna Complaint Case No. 817(c) of 2011 for offences under Section 406 of the Indian Penal Code. According to the complaint petition it has been alleged that the complainant is an advocate of Patna High Court and complainant’s wife is a teacher in St. Paul’s High School in which petitioner’s daughter was studying. It has been alleged that in course of time relationship developed and complainant helped the petitioner in creating a power of attorney in respect of his house to facilitate the petitioner and his wife. It has further been alleged that for the purchase of land the wife of the petitioner took loan of Rs. 2,50,000/- two times i.e. total Rs. 500000/- (Five Lakhs) from complainant with assurance to return total amount within six months under an agreement. On demand made by the complainant, money was not returned and then this complaint petition has been filed. Learned counsel for the petitioner stated that they are neighbours and they have developed a good relationship. It is a fact that a power of attorney was prepared with the help of complainant. It has also been stated that for the purpose of getting the loan, the complainant had assured the petitioner to help him in getting the same and as such he had given a blank non judicial stamp with signature to the complainant which has been misused by the complainant and petitioner has wrongly been trapped in the present case. The counsel for the complainant has appeared through his advocate and stated that it is a criminal offence committed by the petitioner because the petitioner has misappropriated money of the complainant. It has further been stated that at one stage by filing informatory petition, a statement has been made by the petitioner that he had kept the non-judicial stamp on the bag which became traceless whereas in the present application he has given a different story. It has also been stated that the story made out by the petitioner is completely a concocted story because alleged non-judicial stamp was of one page and as per the statement of the petitioner, this agreement is of two pages which is in contradiction to each other Considering the rival submissions on both the parties, prima facie I am of the view that it is basically a money dispute branded as a criminal case. In the facts and circumstances, in the event of arrest or surrender within four weeks from to-day petitioner, Arun Kumar Singh is directed to be released on bail on his furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Smt. Nihirika, J.M. 1st Class, Patna in Patna Complaint case No. 817/(C) of 2011, subject to the condition as laid down under Section 438 (2) Cr. P.C. and also with the condition that he will co-operate with the trial and present himself on the date of the framing of charge. If the court below finds that the petitioner does not co-operate with the trial of the case, the court below will be at liberty to cancel the bail bond of the petitioner. Mkc/ (Shivaji Pandey, J.)