IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33997 of 2008 1. BANARSHI SAH S/o- Aughar Sah 2. Ramesh Kumar Sah 3. Gauri Shankar Gupta Both are son of Banarshi Sah All are resident of Mohalla – Balbatra, P.S. – Ara Town, District _ Bhojpur Versus THE STATE OF BIHAR ----------- 2. 21.10.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case registered for the offences under Sections 406 and 420 of the Indian Penal Code. The allegation against the petitioner is to the effect that petitioner no.1 approached the complainant and requested for sum of Rs. 3 lacs for the purpose of marriage of his daughter with assurance that the amount will be returned within a period of two months. On such request complainant gave a sum of Rs. 3 lacs because they are known to each other. The above amount was not returned for which a legal notice was given to the petitioner no.1. The petitioner no.1 prepared a document acknowledging the receipt of the money and thereupon the petitioner nos. 2 and 3 issued two cheques amounting Rs. 3 lacs both dated 14.03.2008. However, the said cheques on being presented for payment, - 2 - returned unpaid on account of paucity of fund in the account . As such, allegation is that the petitioner knowingly committed the alleged offence of criminal breach of trust. Learned counsel for the petitioner submits that the allegation against the petitioners is false. They have neither taken any money nor issued any cheques. This is a case of civil liability. Considering the facts and circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the same is rejected. Jagdish/- (Shailesh Kumar Sinha,J)