IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13600 of 2011 SURESH MALHOTRA @ SURESH CHANDRA MALHOTRA Versus 1. THE STATE OF BIHAR 2. DAYANAND ----------- 2 02.05.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken under Section 420 of the Indian Penal Code. The accusation is that the petitioner supplied the P.V.C. pipe and other materials to the complainant but has not supplied form IXC, as a result of which, the complainant has to pay taxes to the Sales Tax Department to the tune of Rs. 27,518/-. It is submitted by learned counsel for the petitioners that though, the petitioners had charged the tax amount from the complainant and deposited the same but now he has no proof. Moreover, it is also submitted that the complainant side did not make payment to the tune of Rs, 51,000/- for the materials supplied by the petitioners, which is being denied by 2 the petitioners. The petitioners undertake to give Rs. 27,000/- to the complainant by way of Draft within a period of three months. Considering the aforesaid facts, let the above named petitioners, be released on anticipatory bail, in the event of their arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Complaint Case No. 386/2005, subject to the conditions as laid down under Section 438(2) Cr.P.C. The bail bond of the petitioners will be provisionally accepted which will be confirmed after the payment of aforesaid amount to the complainant by Draft. The photo copy of Draft will also be submitted before the learned court below. The complainant undertakes to file an appropriate application for withdrawal of the complaint petition on receiving the aforesaid amount. 3 The violation of undertaking by any side will give liberty to the other side to file an appropriate application before the learned court below. Amrendra/- (Dinesh Kumar Singh, J.)