IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21593 of 2009 BAIDYANATH SAH @ BAIJNATH SAH Son of Kallar Sah resident of Lahariaganj P.S. & Dist. Madhubani Versus Petitioner STATE OF BIHAR Opp. Party ----------- 2 06.08.2009 Heard learned counsel for the petitioner and the State. The offence is alleged under sections 406,323,341,379 and 504/34 IPC. As per allegation after receiving consideration money from the informant, the petitioner was neither executing sale deed nor returning back money. Counsel for the petitioner submits that instead of filing criminal case, informant should have instituted suit for specific performance of contract as the allegation is of civil nature. Considering the above facts, the prayer for anticipatory bail of petitioner is allowed. If the petitioner surrenders within four weeks from the date of receipt/production of a copy of this order, he (Baidynath Sah @ Bajnath Sah) shall be released on bail on furnishing bail bond of Rs 10,000/ - ( rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani in Madhubani P.S. Case no. 524 of 2008 subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. shahid (Mridula Mishra, J)