IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35648 of 2008 1. SUMANT UPADHYAY 2. RAMAKANT UPADHYAY 3. RAM PRAVESH UPADHYAY 4. KRISHNA KANT UPADHYAY 5. JAMVANT UPADHYAY Versus THE STATE OF BIHAR ----------- 3/ 10/11/2008. Heard learned counsel for the petitioners and learned counsel for the State. The petitioners apprehend arrest in a complaint case in which cognizance has been taken only under Sections- 323 and 384 of I.P.C. It is submitted that the parties are agnates. There is a property dispute between them including a title suit. Even as per allegations it was a voluntary loan of Rs.50,000/- given by the complainant which was not being repaid which makes the claim a civil dispute of a money claim simpliciter, given the shape of a criminal prosecution. Having considered the facts and circumstances of the case, let the petitioners above named surrender before the court below within four weeks when they shall be enlarged on anticipatory bail upon furnishing the bail-bonds of Rs.10,000/- (ten thousand) each along with two sureties of the like amount each to the satisfaction of Chief Judicial - 2 - Magistrate, Kaimur at Bhabua in Complaint Case No.290/08, Trial No.2210/08. KC ( Navin Sinha, J )