IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.22781 of 2009 1. Bineshar Thakur, Son of Late Shital Thakur. 2. Panna Lal Thakur @ Thora, Son of Bineshar Thakur. Both resident of village-Siswa Maldahiya, P.S.-Paharpur, District-East Champarn. -Petitioners. VERSUS The State of Bihar -Opposite Party. ----------- 02 03.09.2009 The petitioners who are father and son apprehend their arrest in Complaint Case No.1024 C of 2006 for the offences under Sections 420 and 323 of the Indian Penal Code. In the complaint, it is alleged the petitioners had taken advance towards sale of 1 katha of land but thouth the Complainant was ready to get the sale deed executed they were not ready to execute the sale deed. It is submitted that the dispute is civil in nature and virtually a suit is for specific performance of contract. It is also pointed out that the learned Chief Judicial Magistrate, Mothihari had originally refused to take cognizance in the matter and dismissed the complaint but the Revisional Court as such cognizance has now been taken. Be that as it may, in the event of arrest/surrender within four weeks from today, the petitioners abovenamed shall be released on bail on each furnishing their bail bonds of Rs.10,000 (Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate, Ist Class, Motihari in connection with Complaint Case No.1024 C of 2006, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)