1 1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45927 of 2008 RAJIB BANERJEE SON OF SRI L.C.BANERJEE BRANCH MANAGER, TATA MOTORS FINANCE.LTD., BHAGALPUR AT PRESENT RESIDENT OF ISMILE, DHARM MANDIR ROAD, ASANSOLE, WEST BENGAL Versus STATE OF BIHAR ----------- 2/ 27.1.2009 Heard learned counsel for the parties. Initially a complaint case was filed which was referred to police and thereafter present F.I.R. has been registered for offences under Sections 406 and 420 of the Indian Penal Code and 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. According to allegation, the complainant purchased a Tata Sumo Victa EX on loan from Tata Motors Finance Limited. The complainant paid the instalments regularly but due to circumstances beyond his control, he defaulted in payment instalment. Later on, this petitioner and others criminally trespassed the darwaza of the complainant and tried to capture the vehicle and abused him by naming his caste. Submission is that the vehicle was on hire purchase and the same was seized on account of non- payment. Further submission is that the allegation makes out a civil dispute and not criminal accusation. It is also stated that co-accused Arbind Sharma has been granted bail on 26.11.2008 Vide Cr.Misc.No.45928 of 2008 by a Bench of this Court. Considering the fact that one of the co- accused has been granted anticipatory bail, this application is allowed. Accordingly, the above named petitioner is directed to surrender before the court 2 2 below within twenty days from the date of receipt/production of a copy of this order and on his so surrendering, he 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 Chief Judicial Magistrate, Katihar in Korha P.S.Case No. 178 of 2008 subject to the conditions as laid down in Section 438(2)of the Code of Criminal Procedure. Tahir/- ( Shyam Kishore Sharma, J.)