Madan Rai Vs. the State of Bihar

in the high court of judicature at patna criminal miscellaneous no.1059 of 2012 ====================================================== madan rai .... .... petitioner/s versus the state of bihar .... .... opposite party/s =====================================================”13. 01-2012 heard learned counsels for the petitioner and the state. the petitioner being the own brother of the complainant is apprehending his arrest in a complaint case in which cognizance has been taken under section 406 of the indian penal code. it is alleged that rs. 45,000/- were invested in kisan vikas patra but on its maturity the complainant was not given his share of the maturity amount. learned counsel for the petitioner submits that prior to the maturity the participation took place between the parties and consequently the fixed deposit schemes were withdrawn prior to its maturity with the signature of both, the petitioner and complainant. considering the accusation arising out of property dispute between the parties, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of rs. 10,000/- (ten thousand) with two 2 sureties of the like amount each to the satisfaction of learned sub- divisional judicial magistrate, muzaffarpur (west) in connection with complaint case no. 741 of 2009 subject to the conditions as laid down under section 438(2) of the cr.p.c. (dinesh kumar singh, j) anjani /-