IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20038 of 2009 SURESH MOHAN DUTTA,son of late Ram Mohan Dutta,resident of Mohalla-Netaji Subhash Path,Tekari Road,P.S.-Kotwali,Dist.-Gaya. Versus STATE OF BIHAR ----------- 02/ 14-07-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that agreement to sell is admitted with its part payment but accusation has been made making the allegation that on measurement of the land the area was found lesser, so receive a lesser amount to that proportionate, for which it is said that petitioner is not ready. According to the learned counsel it is a pure case of civil nature. Agreement can be forced to perform in that course if area is found lesser, that is the matter to be decided by the court where performance is sought, not by a criminal court, basing which petitioner is apprehending his arrest, which in no case can be justified. I agree with the same. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from the date of receipt/production of a copy of this order in Complaint Case No.1378/2006, the above named petitioner 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 Judicial Magistrate, Ist Class, Gaya, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )