IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45730 of 2008 MD.FARID KHAN @ FAUJI SON OF MD.SALIM KHAN RESIDENT OF MOHALLA DEODHARPUR,P.S.TEKARI,DISTRICT GAYA Versus STATE OF BIHAR ----------- 2/ 27.1.2009 Heard learned counsel for the parties. The petitioner apprehends his arrest in a complaint case which has been lodged for offences under Sections 406 and 420/34 of the Indian Penal Code but cognizance has been taken only under Section 406 of the Indian Penal Code. According to allegation, the occurrence is of 1.10.2003. At that time, the petitioner has taken loan of Rs.18,000/- from the complainant. The petitioner thereafter left the place which was Tekari and went to some unknown place. Submission is that the complainant has no paper to prove that any loan was given to the petitioner but in spite of that the court has taken cognizance. The complainant had remedy to realize the money by filing money suit but with a view to put pressure, the present complaint case has been filed. Considering the facts and circumstances of the case, this application is allowed. The above named petitioner is directed to surrender before the court below within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Subdivisional Judicial Magistrate, Gaya 2 in Complaint Case No. 1470 of 2006 subject to the conditions as laid down in Section 438(2)of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)