IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29637 of 2009 RAVINDRA PRASAD, M.D. of Gupta Homes Pvt.Ltd.,son of Meva Lal,resident of Mohalla Flat No.505, Basudham Apartment, P.S.-Kadam Kuan,District-Patna. Versus THE STATE OF BIHAR ----------- For the Petitioner : Mr.Rana Pratap Singh, Sr.Advocate. For the Informant : Mr.Vindhay Keshri Pd. Singh,Sr.Advocate For the State : Mr. Gopesh Kumar,APP ----------- 02/ 29-10-2009 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. Admittedly petitioner is a builder agreed to sell a flat in favour of the informant for Rs.8,17,700/- and nine lacs was paid but no flat was allotted to him, nor he was given in possession of any flat. No doubt, a case of specific performance is also made out but at the same time an explanation is given on behalf of the builder that there was a meeting of flat owners increasing price of flats accordingly gave notice to the informant to make payment of increased amount giving certain date. His non-appearance in meeting and non-complying to make the increased price are made ground for cancellation of allotment which only fixes a criminal liability finding malafide intention of the builder as agreement is clear enough having no option to any of the parties to deviate from the agreement. It is said that three more cases of similar nature have been filed in which bail has been refused. Accordingly, this petition for anticipatory bail is rejected. AH/ ( Mandhata Singh, J. )