IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5278 of 2011 Ravish Rastogi, Son of C.P. Rostagi, R/o-Rastogi’s Bhawan, Kadam Kunwa, Bindwasni Estate, P.S.-Kadam Kunwa, District-Patna. –Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 02 15.03.2011 The petitioner is in custody since 04.11.2010 in relation to Complaint Case No.3658 of 2009 instituted under Sections 420 and 406/34 of the Indian Penal Code read with Section 138 of the N.I. Act. It is alleged that the petitioner along with others allured the complainant into parting with Rs.5.60 lacs which was to be invested instead the petitioner digested the amount. Petitioner then promised to refund the same but the cheques for part payment thereof were dishonoured due to insufficiency of funds. However, the petitioner states that there is balance of Rs.3.67 lacs payable to the complainant. He undertakes to pay the same amount. Having considered the matter, in my view, on petitioner depositing Rs.1 lac in the Court below, petitioner would released on bail on furnishing a bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of like amount each to the satisfaction of Judicial Magistrate 1st Class, Purnea in connection with Complaint Case No.3658 of 2009, subject to the condition that within a period of four months he would deposit the balance of the said amount in the Court below. The amount so deposited would be permitted to be withdrawn by - 2 - the complainant without prejudice to the right of the petitioner seek or render accounts and to any other contention which the petitioner may raise in course of trial. Once the amount of Rs.3.67 lacs is fully deposited, as aforesaid, petitioner’s provisional bail would be confirmed by the trial Court itself. This application is, accordingly, disposed of. Trivedi/ (Navaniti Prasad Singh, J.)