IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17992 of 2009 1. Anand Tripathi, Son of Sri Kedarnath Tripathi. 2. Mamata Anand, Wife of Sri Anand Tripathi. Both Residents of Khas Mahal Road No. 3 Chirraiyatad, Jakanpur, District-Patna. -Petitioners. VERSUS 1. The State of Bihar. 2. Md. Akabar Ali @ Calan, Son of Janiual Haque, resident of village- Harpur, P.S.-Barahiya, District-Siwan, presently living at Gandhi Nagar Eye Sec. No. 16, P.S. & District-Gopalganj. -Opposite Parties. ----------- 02 27.05.2009 The petitioners apprehend arrest in Complaint Case No. 886 of 2006 pertaining to Trial No. 1197 of 2009 pending before the Judicial Magistrate, Ist Class, Gopalganj. In the complaint, the complainant alleges that the petitioners had undertaken some work at Gopalganj Hospital for rendering various services therein under an agreement, the work was outsourced to the complainant. Complainant did work but has not been paid. Therefore, the petitioners have breached the agreement. Petitioner no. 1 is the Principal of Sanjay Gandhi Mahila College at Patna. Petitioner no. 2 is the handicapped and wife of petitioner no. 1. It is submitted on behalf of the petitioners that after examining the complainant on solemn affirmation by judicial order passed in terms of Section 203 Cr. P.C. on 17.01.2007 the complaint was dismissed finding it to be a case of civil dispute. However, subsequently another Magistrate acting on the same very complaint took cognizance of offences under Sections 418 and 506 of the Indian Penal Code. It is submitted that the dispute is essentially a civil dispute. In the facts and circumstances of the case, in the event 2 of arrest or surrender within four weeks from today, the petitioners above named shall be released on bail on his furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri Mritunjai Singh, Judicial Magistrate, Ist Class, Gopalganj in connection with Complaint Case No. 886 of 2006 pertaining to Trial No. 1197 of 2009, subject to all conditions as laid down in Section 438 (2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)