IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18906 of 2009 1. RAMSWAROOP SINGH son of Bakhori Singh. 2. Smt. Parmeshwari Devi w/0 Ramswaroop Singh, Both residents of village- Telmar,P.S. Harnaut,District- Nalanda,A/P-Bhandaridih, Giridih (Jharkhand). Versus STATE OF BIHAR ----------- 2 28.5.09 Petitioners apprehend their arrest in Harnaut (Telmar) P.S.Case no. 194/04 instituted under Sections 406 and 420 IPC. Petitioners are resident of Giridih in the State of Jharkhand. It is alleged that the petitioners had taken Rs. 1.50 lakhs in cash from the complainant for starting a business with a promise to repay the same in fifteen months. The same not having been repaid inspite of legal notices, this complaint was filed. The complaint was referred to police for investigation in terms of Section 156(3) Cr.P.C. and on chargesheet being filed, cognizance has been taken by the learned C.J.M., Nalanda in this regard under Sections 406 and 420 IPC. On behalf of petitioners, it is submitted that this is outright a case of civil nature and a breach of agreement, if any and cannot be permitted to persuade in a criminal proceeding. In the facts and circumstances of the case, in the event of their arrest or surrender within four week, above named petitioners shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Nalanda at Biharsharif in Harnaut (Telmar) P.S.Case no. 194/04, subject to the conditions as laid down u/s 438(2) Cr.P.C. SINGH (Navaniti Prasad Singh, J.)