IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17139 of 2009 AJAI KUMAR SINGH @ UDAY SINGH Versus STATE OF BIHAR ----------- 02/ 19.05.2009 Heard Sri Onkar Nath, Advocate for the petitioner and Sri Dasrath Mehta, APP for the Stated. The allegation is that after having executing agreement to sell a particular land as per the description in the petition of complaint and after having received part payment of consideration money also the petitioner was not executing the deed of sale and when repeatedly asked to do it he assaulted the complainant. The simple contention is that it could be a case for specific performance of contract and the facts of the case may not constitute a criminal liability. Regard being had to the above facts of the case and the contention, let petitioner Ajai Kumar Singh @ Uday Singh, either in the event of his arrest by the police or surrender in the court below, be directed to be released on bail on furnishing a bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Yadav, Judicial Magistrate, Ist Class, Gaya in - 2 - connection with Complaint Case No. 1544 of 2007, subject to the conditions laid down under Section 438(2) of the Cr.P.C. DKS/ (Dharnidhar Jha, J.)