IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33786 of 2009 Indramani Sharma, son of Narendra Kishore Sharma, resident of Village- Galimapur, P.S. Taraiya, District-Saran…Petitioner. Versus The State of Bihar …………………………………..Opposite Party. ----------- 2. 20. 11. 2009. Heard learned counsel for the petitioner and the informant as also the State. The petitioner apprehends his arrest in connection with Complaint Case No. 120/2009 (Tr. No. 3506/09) registered under Sections 406 and 420 of the Indian Penal Code. It is submitted that allegation against this petitioner is that he took the original bond of the complainant for its encashment. Thereafter, he mis-appropriated the maturity amount of the said bond. Learned counsel for the petitioner submits that petitioner is an agent of L.I.C. and as such the petitioner had no occasion to encash the said bond of the other Private Companies. Learned counsel further submits that the said bond was matured on 13. 08. 2006 . But the complaint case has been lodged on 13. 1. 2009, and prior to that a complaint was made before the Security Exchange Board of India (S.E.B.I.) Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case for ulterior purposes. Learned counsel for the complainant submits that petitioner not only cheated the complainant but also other 2 persons by taking the original bond and by returning the fabricated and forged bonds and the complete amount of the original bonds were defalcated by the petitioner by making fabricated signatures of the other persons as stated in paragraph 3 of the complaint petition. Learned counsel for the petitioner refutes the allegation made by the complainant in the complaint petition regarding the encashment of alleged bonds. Learned counsel for the complainant submits that the original value of the bonds on the alleged date of occurrence was Rs. 30,000/-, but the petitioner did not return this amount and instead he returned forged and fabricated bonds. So the petitioner was obliged to pay back the amount of Rs.30,000/- to the complainant . Save and except this complaint petition, there is no other allegation against the petitioner. Considering the facts and circumstances of the case, petitioner, namely, Indramani Sharma, in the event of his arrest or surrender in the court below within a period of four weeks from today, 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 Sri U. K. Yadav, Judicial Magistrate Ist Class, Chapra, in connection with Complaint Case No. 120/09 (Tr.No. 3506/09), subject to the conditions as laid down under Section 438(2) Cr.P.C. 3 It is further made clear that in case the petitioner does not cooperate with the complainant, it will be open for the complaint to take steps for cancellation of his bail bond. m.p. (Shailesh Kumar Sinha,J.)