IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.33371 of 2011 1. Nawal Kishore Chaudhary, son of Late Rajendra Chaudhary 2. Anil Kumar, son of Nawal Kishore Choudhary Both resident of village – Barari Behta, P.S. – Pupri, District – Sitamarhi, At present residing at Mohalla – Sri Krishnapuri, Ward No. 4, Dumra, P.S. – Dumra, Distt. – Sitamarhi. ----------- Petitioners. Versus The State of Bihar ------Opposite Party ******* 04. 29.11.2011 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The two petitioners, apprehending their arrest in connection with Complaint Case No. 1248/2009 for offences under Sections 138 of the N.I. Act and 420 of the Indian Penal Code, are named accused in this case with allegation of taking a sum of Rs. 4,50,000/- (four lacs fifty thousand) from the complainant for some purposes and in order to return a cheque was issued, but that too bounced. Submission is that petitioners intend to pay all the claims of entire amount so taken within reasonable period and they tender Bank Draft of Rs. 50,000/- (Fifty thousand only) vide D.D. No. 161148 dated 28.11.2011 of State Bank of India, Hanuman Nagar, Patna, by way of first step taking in this regard. The draft is accepted and received by learned counsel for the complainant Opposite Party No. 2. Considering the facts and circumstances of the case and amount remains to be paid, petitioners are directed to pay all the amount so taken within six months and either in one installment or in four to six installments as per their choice on filing such undertaking before the court below, and in the event of their arrest or surrender within a period of four weeks, let the above-named petitioners be enlarged on bail on furnishing bail bond of sum of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Sri Neeraj Kumar, Judicial Magistrate, 1st Class, Sitamarhi, in connection with Complaint Case No. 1248/2009, subject to condition under section 438(2) of the Code of Criminal Procedure, and additional condition to attend the court regularly till disposal of the case, in the event of failure on two consecutive dates, without any reasonable explanation, the privilege granted shall be deemed to be cancelled. Rajeev/- ( Akhilesh Chandra, J.)