IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42627 of 2009 SANTOSH KUMAR, son of late Devi Prasad, R/O Village – Makhanpaur, Iddgah Road, P S – Alamganj, District – Patna -------------------- Petitioner Versus STATE OF BIHAR ______________ Opposite party ----------- 02. 11.12.2009 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the complainant. Petitioner is one of the accused in Complaint Case No.112 of 2008. Cognizance has been taken under sections 420, 406 and 504 of the Indian Penal Code. The complainant filed a complaint before the court of ACJM, Patna City alleging therein that in conspiracy the three accused persons including the present petitioner despite taking advance money refused to register the property on one ground or the other. Failure to register led to filing of the complaint. Petitioner’s counsel submits that petitioner has been in custody since 30.9.2008 . The allegations basically relate to a civil dispute and therefore, petitioner should be shown indulgence. It is also stated that the allegation that the petitioner had received ten thousand rupees as an advance has already been returned. Keeping in view the period petitioner has spent in custody coupled with the allegation, let the petitioner Santosh Kumar be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the court of Shri R K P Bharti, Judicial Magistrate, 1st Class, Patna - 2 - City in Complaint Case No. 112 of 2008. Both the sureties will be executed by close blood relations of the petitioner on due identification. rkp (Ajay Kumar Tripathi, J)