IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40274 of 2009 ARIF SAWABUDDIN Versus STATE OF BIHAR ----------- 3. 7.1.2010 Heard. Refusal of the anticipatory bail prayer of the petitioner is on the ground that he has cheated the complainant by issuing a cheque which ultimately pounced due to insufficiency of fund in the accounts. As may appear from the very recital of the complaint petition which appears indicated in the order passed by the learned Sessions Judge, the complainant was a Money Lender and he was realizing his interest on the borrowed amount from the petitioner. In that view, the contention that it could be a fit case for filing a suit in the civil court even in the case the petitioner had defaulted, appears genuinely well founded considering which, let the petitioner Arif Sawabuddin be directed to be admitted to bail, either in the event of his arrest by the police or surrender before the court below, on furnishing a bond of Rs. 10,000/-( 2 ten thousand) with two sureties of the like amount each to the satisfaction of Shri Hari Prasad, Judicial Magistrate, Ist Class, Patna, in Complaint Case No. 3434( C) of 2008, subject to the conditions as laid down in Section 438(2) Cr. P.C. Kanth ( Dharnidhar Jha, J.)