IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24939 of 2008 SMT. SHISHMANI SINHA & ANR Versus STATE OF BIHAR ----------- 2 24.9.2008 Heard learned counsel for the petitioners and the State. Petitioners are accused in a case registered under sections 406 and 420 of the Indian Penal Code. Learned counsel for the petitioners submits that petitioner no.1 is wife of Jitendra Kumar who had been advanced loan to the tune of Rs. 12, 00,000.00 by the Punjab National Bank. Petitioner no.2 is father of the aforesaid Jitendra Kumar. Both the petitioners are guarantors with regard to the aforesaid transaction of the bank. Learned counsel further submits that on 5.1.2008 certain amount has been paid by the loanee. He contends that for the laches of the loanee the petitioners cannot be saddled with criminal liability. The proper course for recovery of the loan would be of taking recourse of be either filing of a suit in the civil court or initiating Certificate Proceeding under Public Demand Recovery Act. In the facts and circumstances of the case and having regards to the submissions made on behalf of the parties, petitioners Smt. Shishmani Sinha and Rameshwar Prasad, in the event of their arrest by the police or surrender in the court below within four weeks from the date of receipt of a copy of this order, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of Like amount each to the satisfaction of C.J.M, Nalanda at - 2 - Biharsharif in connection with Soh Sarai P.S. case No. 28 of 2007, subject to the conditions as laid down under section 438(2) Cr.P.C. Rahman/ (Dr. Ravi Ranjan, J)