IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34862 of 2011 1. Amardeo Sah @ Amerdeo Sah @ Ajay Sah @ Ajay Kumar Prasad 2. Rajababu Prasad 3. Doma Sah ---Petitioners. Versus The State Of Bihar ---Opp.Party ---------------------------------- 02 24.10.2011 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners seek anticipatory bail in a complaint case lodged under Sections 323, 504 and 406 of the Penal Code. The allegation is that the complainant deals in sale purchase of paddy/grains. Petitioner no.2 took him in confidence and assured to pay the money after sale of the paddy/grains. He was delivered 20 mound of paddy. Subsequently he did not pay the same. Learned counsel for the petitioners submits that going by the allegation contained in the complaint there is no overt act assigned to petitioner no.1 (father of the petitioner no.2) and petitioner no.3, who is distant relative. Relying on Annexure-3, it is contended that petitioner no.2 is minor. Regard being had to the aforesaid fact, this Court is persuaded to extend the privilege of anticipatory bail to the petitioners. In the event of their arrest or surrender before the Court below within a period of 04 weeks from today, let petitioners, named above, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Bettiah, West Champaran in connection with Complaint case no. 2881 ( c) of 2010 ( Trial no. 1642 of 2011), subject to the condition 2 as laid down under Section 438 (2) of the Cr.P.C. It is made clear that one of the bailors shall be the own/close family member of the petitioners. Sym ( Kishore K. Mandal, J.)