IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32171 of 2011 Sheo Chandra Singh & Anr. Versus The State Of Bihar & Anr. ---------------------------------- 02. 14.10.2011 Petitioners are apprehending their arrest in complaint case in which cognizance has been taken under Sections 406, 420 of the I.P.C. and Section 138 of the Negotiable Instrument Act. It is alleged that the petitioners being the neighbours of the complainant approached for selling of 15 Dhurs of land adjacent to the house of the complainant for which the agreement was executed for consideration of Rs. 11,25,111/-out of which Rs. 9,00,000/- was paid by the complainant when the petitioners were to execute the sale deed within a period of six months and rest amount was to be paid at the time of execution of sale deed but in spite of request of complainant the petitioners evaded to execute the sale deed. It is further alleged that on 30.10.2010 on the point of pistol complainant made endorsement on the agreement paper for return of the consideration money for which four cheques were given to the petitioners out of which three cheques total worth Rs. Five lacs were encahsed but fourth cheque worth Rs. Five lacs got dishonored for which the petitioners gave legal notice. The case of the petitioners is that the complainant himself wanted to cancel the contract and consequently three cheques worth Rs. Five lacs were given to the complainant but fourth cheque worth Rs. Five lacs was given as a surety for return of rest four lacs rupees hence, the complainant committed breach of trust by presenting the surety cheque to the bank. Considering the aforesaid submissions the contract between the parties is admitted. In the circumstances, let both sides settle the dispute amicably either by way of return of entire amount along with statutory interest or to act as per the agreement within a period of six months. Considering the aforesaid facts, let the petitioners, namely, Sheo Chandra Singh and Shambhu Kumar Singh, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Patna in connection with Complaint Case No. 453(C)of 2011. The complainant will be at liberty to file an application for cancellation of bail of the petitioners if the petitioners fail to resolve the issue within the stipulated time. Shageer (Dinesh Kumar Singh, J)