IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27526 of 2011 ====================================================== Harendra Singh S/O Late Ram Chandra Singh, Supervisor posted at Nutan Rajdhani Anchal P.M.C. Harding Road, Patna. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Satyendra Prasad, Adv. For the Opposite Party/s : Mr. Murlidhar, Add. P. P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 3 13-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Sections 419, 420, 406/34 of the Indian Penal Code. Learned counsel for the petitioner submits that as per prosecution case, a cheque of Rs. 2, 52, 347/- (Rs. Two lac fifty two thousand three hundred and forty seven) was issued in favour of the informant towards the death-cum-retiral benefits of her deceased husband, but the aforesaid amount was fraudulently withdrawn by the accused persons and was misappropriated. It is further submitted that co-accused Ashutosh Kumar Jha filed anticipatory bail petition before the learned Sessions Judge, Patna and he has been granted anticipatory bail by order dated 23.08.2011 passed in A.B.P. No. 3189 of 2011 on the condition that the entire amount of Rs.2,52, 347/- shall be paid to the informant in two equal monthly instalments. By referring to the order dated 23.09.2011 passed by the learned C.J.M., Patna, it is submitted that the first instalment of Rs. 1,26,347/- (Rs. One lac, twenty six thousand three hundred and forty seven) has already Patna High Court Cr.Misc. No.27526 of 2011 (3) dt.13-10-2011 2 / 2 2 been paid by the aforesaid co-accused Ashutosh Kumar Jha through a Demand draft to the informant. The second instalment is required to be deposited by the aforesaid co-accused Ashutosh Kumar Jha on or before 24.10.2011. Let the certified copies of the aforesaid two orders produced by the learned counsel for the petitioner be kept on record. It is also submitted that the petitioner has no role for commission of the crime in question and the entire money in question has been undertaken to be deposited by co-accused Ashutosh Kumar Jha, part of which has already been deposited. In the aforesaid facts and circumstances of the case, if the petitioner surrenders in the court of learned C.J.M., Patna in connection with Sachiwalya P.S. Case No. 64/11 within a period of four weeks from today and the learned C.J.M., Patna is satisfied that the entire defalcated amount has been deposited by co-accused Ashutosh Kumar Jha and the same has been handed over to the informant, then the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each subject to the conditions as laid down under Section 438(2) Cr. P.C. It is made clear that if the learned C.J.M., Patna is not satisfied about deposit of the entire amount, then it shall be construed that the prayer for anticipatory bail made on behalf of the petitioner has been finally rejected by this Court and in that event, he will have to surrender and seek regular in the court below, which shall be decided on its own merit without taking into consideration any observation made in the present order. BTiwary/- (Birendra Prasad Verma, J)