IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22606 of 2009 BRAJ BHUSHAN PRASAD SINGH, son of late-Rameshwar Singh, resident of Village-Singhia, P.S.-Singhia, District-Samastipur. ……Petitioner Versus The State Of Bihar ……Opposite Party ----------- 02. 21.08.2009 Petitioner apprehends arrest in Complaint Case No. 354 of 2006 pending before Sri. B. K. Srivastava, Judicial Magistrate, Ist Class, Rosera, Samastipur in which cognizance has been taken under Sections 120(B), 406, 420, 467, 468, 471 of the Indian Penal Code. In the complaint, it is alleged that the petitioner executed two sale deeds in favour of the complainant. Complainant had paid part of the amount. He was ready to pay the balance amount and as a consequence thereof was demanding delivery of possession of the land which the accused persons were not ready to do, hence the complaint. On behalf of the petitioner, it is stated that more than a year back the petitioner had instituted a complaint being Complaint Case No. 49 of 2005 against the complainant of the present case inter alia stating that he had executed two sale deeds in good faith in favour of the complainant of the present case on the understanding that the entire money would be paid in a short time. Several months having gone by the sale deeds having - 2 - executed still the complainant was not paying the money. In that case cognizance has also been taken. In relation to delay, it is stated that in the present case as against the order taking cognizance petitioner had moved for quashing of the complaint which upon disposal these applications are filed. It is submitted that even if allegations are accepted in entirety no case is made out against the petitioner. The dispute is purely civil in nature. It is further submitted that this complaint is only to protect the complainant from the consequence of prosecution in the first case as lodged by the petitioner. Be that as it may, let the petitioner namely Braj Bhushan Prasad Singh, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Sri. B. K. Srivastava, Judicial Magistrate, Ist Class, Rosera, Samastipur in connection with Complaint Case No. 354 of 2006 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. Shageer (Navaniti Prasad Singh, J)