IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37713 of 2008 1. DHIRENDRA SINGH S/o- Dev Vijan Singh 2. AJAY SINGH @ AJAY KUMAR SINGH S/o- Niranjan Singh Both are resident of Village Tenduni, P.S. – Bikramganj, District - Rohtas Versus STATE OF BIHAR ----------- 4. 02.12.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case for the offences registered under Section 384 of the Indian Penal Code. It is submitted on behalf of the petitioner that the present case has been lodged for ulterior purpose. However, the petitioners as well as the complainant both were in the same business of Cable Operation and that led to the frequent clash of interest which resulted into the filing of the present case. As a matter of fact, before filing of this complaint, the petitioner as well as his nephew both filed criminal case against the informant as contained in Annexure-3 and 4 of the Supplementary affidavit which has been filed in this case and in one of the cases police after investigation submitted chargesheet. It is further submitted that during the pendency of this present complaint case agreement was arrived between the petitioners and the complainant on certain terms and in furtherance of the said agreement petitioner gave up the business of Cable Operation in favour of the complainant. It is - 2 - further submitted that as a measure of agreement complainant issued cheques which also got bounced and for that petitioner has also filed a complaint case against him. Learned counsel for the State, submits that although the petitioners have brought the copy of the First Information Report filed against the complainant prior to the filing of this present complaint. He further submits that the allegations have been made against the petitioners for attracting the offence in question. Considering the facts and circumstances of the case and the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Bikramganj, Rohtas (Sasaram) in connection with Complaint Case No. 348 (C) of 2004 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)