IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5312 of 2009 SATISH NARAYAN Versus THE STATE OF BIHAR ----------- 02/ 15.05.2009 Heard learned counsel for the petitioner and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioner, who is an accused for offences punishable under sections 406, 420 and 468 of the Indian Penal Code. Learned counsel for the petitioner submits that the allegation against the petitioner is that he took loan of Rs.9,80, 000.00 from the complainant for construction of house as per Ekrarnama, but even after demands he is not paying the amount . Learned counsel for the petitioner further submits that at best the claim of the complainant with regard to recovery of money is made out but no element of cheating is involved. From the facts and circumstances of this case, it is quite apparent that this is a dispute of civil nature, which is sought to be converted into a criminal case. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt of a copy of this order in the court below, the petitioner, namely Satish Narayan shall be released on bail on furnishing bail bond of Rs.10,000.00 (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Jamui in connection with Complaint Case No. 2 259 C of 2008, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. harish/ ( S.N.Hussain, J)