IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32058 of 2009 MD.NAJAMUDDIN, Son of late Haji Majahar Ali, resident of village – Salehpur, P.S. Falka, District – Katihar. ….. Petitioner. Versus THE STATE OF BIHAR ….. Opp. Party. ----------- 02/ 29.10.2009 Heard counsel for the petitioner and counsel appearing for the State. Allegation made in the complaint petition relates to non-execution of sale deed by the petitioner in favour of the complainant, despite the fact that earnest money and consideration money has been paid. Counsel for the petitioner submits that the allegations do not make out a criminal case rather the facts of the case even if taken to be correct, the complainant has remedy by way of filing a suit for specific performance of contract. Considering the facts of the case, the prayer for grant of anticipatory bail on behalf of petitioner, namely, Md. Najamuddin is allowed. He is directed to be released on anticipatory bail, in case of his surrender before the Court concerned within four weeks from today, on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of - 2 - the like amount each in connection with Complaint Case No. 81 of 2008 to the satisfaction of Judicial Magistrate, Ist Class, Katihar. DKS/ (Mridula Mishra, J.)