IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1380 of 2008 ARVIND KUMAR SINGH Versus THE STATE OF BIHAR ----------- 2 14.05.2008 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Vidyapatinagar P.S.Case No. 42 of 2007 registered under sections 406/420 of the Indian Penal Code and section 3 (x) of the SC/ST (Prevention of Atrocities) Act. It has been submitted on behalf of the petitioner that the complainant filed the complaint which gave rise to the present police case on account of dispute with regard to execution of piece of land. It is also submitted that the allegations are to the effect that the complainant purchased the land from the petitioner, however even upon payment of the full consideration money the Chirkut was not being returned to her which led to abusing the complainant and not returning the Chirkut. It is further submitted that the petitioner has been falsely implicated in this case as would appear from the averments made in the petition that the complainant did not pay the consideration money even after service of legal notice even before filing of the complaint and ultimately the petitioner had no option but to cancel the deed which was executed on 22nd of February, 2007. It is further contended that on perusal of the allegations levelled in the complaint it would appear that no case is made out under the provisions of the SC/ST Act, which has been added mainly to harass - 2 - the petitioner. Considering the submissions as noticed above, the allegations levelled in the first information report, the averments made in the petition as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks, the petitioner, Arvind Kumar Singh be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Dalsingsarai, Samastipur in connection with Vidyapatinagar P.S.Case No. 42 of 2007, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)