IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40750 of 2008 UPENDRA OJHA Versus 1. STATE OF BIHAR 2. Prof. Bharat Prasad Mishra ----------- 3. 15.12.2008 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for Opposite party no. 2. The petitioner apprehends arrest in a complaint case under Sections 406 of the Penal Code. The submission is that even if the allegations be correct, it is a case of non-repayment of voluntary loan given when the latter part with regard to non-execution of deeds in lieu of the loan amount constitutes a civil cause of action for specific performance. Having considered the facts and circumstances of the case, let the petitioner, abovenamed surrender in the court below within a period of four weeks from today, when he shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri P.D. Mishra, Judicial Magistrate, First Class, Muzaffarpur in Complaint case no. 2636 of 2005. AKS/ (Navin Sinha, J.)